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COMMONWEALTH v. HUMPHREY

No. 81 MAP 2021 No. 82 MAP 2021.

283 A.3d 275 (2022)

COMMONWEALTH of Pennsylvania, Appellee v. Jquan HUMPHREY, Appellant Commonwealth of Pennsylvania, Appellee v. Jquan Humphrey, Appellant.

Supreme Court of Pennsylvania.

Decided: September 29, 2022.

Attorney(s) appearing for the Case

Peter E. Kratsa, Esq. , West Chester, for Amicus Curiae Pennsylvania Association of Criminal Defense Lawyers.

Leonard Sosnov, Esq. , Defender Association of Philadelphia, Harrisburg, for Amicus Curiae Defender Association of Philadelphia.

Nyssa E. Taylor, Esq. , American Civil Liberties Union of Pennsylvania, for Amicus Curiae American Civil Liberties Union of Pennsylvania.

David R. Crowley, Esq. , Centre County Public Defender's Office, Bellefonte, for Appellant.

Bernard Flynn Cantorna, Esq. , Amanda Kathleen Chaplin, Esq. , Centre County District Attorney's Office, for Appellee.

BAER, C.J., TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

This appeal presents the issue of whether Section 7403(e) of the Mental Health Procedures Act ("MHPA" or "Act"), 50 P.S. § 7403(e), authorizes a trial court to dismiss criminal charges filed against a defendant who is incompetent, and will likely remain so, under circumstances where...

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