COM. v. BURKE

No. 6 W.D.2000.

781 A.2d 1136 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Donald Scott BURKE, Appellant.

Supreme Court of Pennsylvania.

Decided October 17, 2001.


Attorney(s) appearing for the Case

Kevin G. Sasinoski, Mitchell A. Kaufman, M. Susan Ruffner, Pittsburgh, for Donald Scott Burke.

Michael W. Streily, Pittsburgh, for Commonwealth of Pennsylvania.

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


OPINION OF THE COURT

CASTILLE, Justice.

The issue in the instant appeal is whether a dismissal of criminal charges is an appropriate sanction for the Commonwealth's failure to disclose certain evidence to the defense prior to trial. For the following reasons, we hold that the sanction of dismissal by the trial court was improper and, accordingly, we affirm the order of the Superior Court.

On March 27, 1996, appellant Donald Scott Burke was...

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