COM. v. ANTHONY


418 Pa.Super. 82 (1992)

613 A.2d 581

COMMONWEALTH of Pennsylvania, Appellant, v. Fred ANTHONY, Appellee.

Superior Court of Pennsylvania.

Filed August 18, 1992.


Attorney(s) appearing for the Case

Norman Gross, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Peter Scuderi, Philadelphia, for appellee.

Before McEWEN, KELLY and HOFFMAN, JJ.


KELLY, Judge:

In this appeal, we are called upon to determine whether in a proceeding for the return of property, a Court of Common Pleas is collaterally estopped from undertaking an independent review of an order granting a suppression motion entered by the Philadelphia Municipal Court in a prior criminal prosecution. We conclude it is not and reverse.

FACTS AND PROCEDURAL HISTORY

Armed with a search warrant, police seized from the home of appellee...

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