COM. v. THARP


754 A.2d 1251 (2000)

COMMONWEALTH of Pennsylvania, Appellee, v. Michelle Sue THARP, Appellant. Commonwealth of Pennsylvania, Appellee, v. Douglas Bittinger, Appellant.

Supreme Court of Pennsylvania.

Decided July 18, 2000.


Attorney(s) appearing for the Case

David J. DiCarlo, Washington, for appellant, Douglas Bittinger.

Gerald C. Grimaud, Tunkhannock, for amicus, Grimaud, Bergdoll, Battersby.

Glenn Alterio, for appellant, Michelle Sue Tharp.

John C. Pettit, Washington, Paul M. Petro, Donora, Michael J. Fagella, Washington, for appellee, Com.

Michael D. Fisher, Atty. Gen., Amy Zapp, Harrisburg, for amicus Atty. Gen.

Jonathan F. Bloom, C. Clark Hodgson, Jr., Philadelphia, for amicus, Representative Ryan and Senator Jubelirer.

Hugh J. Burns, Jr., Philadelphia, for amicus, Pa. D.A. Assoc.

Before FLAHERTY, C.J., ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR, JJ.


OPINION

NIGRO, Justice.

At issue in this appeal is whether the November 3, 1998 amendment to Article I, Section 6 of the Pennsylvania Constitution, which essentially provides the Commonwealth with the same right to a trial by jury as the defendant, is constitutional. For the reasons discussed below, we find that the amendment is constitutional and therefore, affirm.

Appellants Michelle Sue Tharp and Douglas Bittinger allegedly starved Tharp...

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