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KENDRICK v. DA OF PHILADELPHIA COUNTY

916 A.2d 529 (2007)

Kevin J. KENDRICK, Appellant, v. DISTRICT ATTORNEY OF PHILADELPHIA COUNTY, Attorney General of Pennsylvania, Nancy Bailey, Superintendent of the FCI, Fort Dix, Appellees.

Supreme Court of Pennsylvania.

Decided February 20, 2007.

Attorney(s) appearing for the Case

Peter Alan Levin, Esq., Philadelphia, for Kevin J. Kendrick.

Marica Mary Waldron, Esq., for U.S. Court of Appeals for the Third Circuit.

Thomas William Dolgenos, Esq., John Hunter Bennett, Esq., Lorie Karin Dakessian, Esq., Hugh J. Burns, Jr., Esq., Philadelphia, for District Attorney of Philadelphia County.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.*

This matter comes before this Court on a Petition for Certification of Question of Law from the United States Court of Appeals for the Third Circuit. This Court granted the Petition, which raised a single question of Pennsylvania law: whether our decision in Commonwealth v. Besch, 544 Pa. 1, 674 A.2d 655 (1996) establishes...

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