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DUNN v. COLLERAN

No. 99-1030.

247 F.3d 450 (2001)

John William Dunn, Appellant v. Raymond J. Colleran (Acting Superintendent); the Attorney General of the State of Pennsylvania; the District Attorney of Allentown, Pa.

United States Court of Appeals, Third Circuit.

Filed April 20, 2001.

Attorney(s) appearing for the Case

Arthur John Kyriazis, Esquire (Argued), Kyriazis and Associates, 1806, Garrett Road, Lansdowne, Pennsylvania 19050, Attorney for Appellant.

Kelly B. Waldron, Esquire (Argued), Douglas G. Reichley, Esquire, Deputy District Attorney, Office of the District Attorney, Lehigh County Courthouse, 455 West Hamilton Street, Allentown, Pennsylvania 18101, Attorney for Appellee.

BEFORE: BARRY and COWEN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge:

Our criminal justice system is bottomed on several unwavering principles. One of those principles was recognized long ago by Justice Sutherland when he stated that a prosecuting attorney

is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal...

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