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COM. v. KAUFFMAN

413 Pa.Super. 527 (1992)

605 A.2d 1243

COMMONWEALTH of Pennsylvania, Appellant, v. Gary Lynn KAUFFMAN, the Altoona Area School District Authority, Dennis E. Murray, the Tyrone Area School Authority, Dr. William N. Miller, the Diocese of Altoona-Johnstown, the Most Reverend Joseph V. Adamec, Charmaine Gulliot and Sister Mary Ursula, Principal of Sacred Heart School, Appellees.

Superior Court of Pennsylvania.

Filed March 30, 1992.

Attorney(s) appearing for the Case

Darlee E. Sill, Asst. Dist. Atty., Hollidaysburg, for Comm., appellant.

Gerald J. Hutton, Pittsburgh, for Altoona Area School Dist. and Dennis E. Murray, appellees.

John W. Heslop, Jr., Altoona, for Tyrone Area School Authority and Dr. William N. Miller, appellees.

Louis C. Long, Pittsburgh, Walter F. Wall, Hollidaysburg, for Diocese of Altoona-Johnstown, Rev. Joseph V. Adamec, Charmaine Gulliot and Sister Mary Ursula, appellees.

Robert P. Petyak, Ebensburg, Michele H. Lally, Pittsburgh, for participating parties.

Stephen D. Wicks, Altoona, for Kauffman, appellee.

Before WIEAND, CIRILLO and MONTGOMERY, JJ.

WIEAND, Judge:

Where the District Attorney has prosecuted a person successfully for a criminal act, may information in the prosecution's file thereafter be discovered by one or more parties to a civil action brought to recover damages for the same conduct? The trial court held that the prosecutor's file was not immune from discovery, and the Commonwealth, by special allowance, appealed.

After Gary Lynn Kauffman had been found guilty of committing the crimes...

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