MORGANELLI v. CASEY


163 Pa.Commw. 538 (1994)

641 A.2d 674

John M. MORGANELLI, District Attorney of Northampton County, Pennsylvania, on behalf of the Commonwealth of Pennsylvania, Petitioner, v. Robert P. CASEY, Governor of the Commonwealth of Pennsylvania, and Mark Singel, Lieutenant Governor of the Commonwealth of Pennsylvania, Respondents (Two Cases).

Commonwealth Court of Pennsylvania.

Decided April 21, 1994.


Attorney(s) appearing for the Case

John M. Morganelli, for petitioner.

Amy L. Putnam, Deputy Gen. Counsel, for respondent.

George S. Leone, Asst. Dist. Atty., for amicus curiae, the Pennsylvania Dist. Attys. Ass'n.

Before CRAIG, President Judge, and DOYLE, COLINS, McGINLEY, SMITH, PELLEGRINI and KELLEY, JJ.


CRAIG, President Judge.

These two cases present an important question of statutory interpretation with respect to carrying out sentences of death in criminal cases.

That question is:

When the judicial branch of the Commonwealth government, through the Supreme Court of Pennsylvania, certifies to the Governor that the judicial responsibilities as to imposition and review of the death sentence have been completed, by transferring the full case record...

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