Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Commonwealth v. Fleming

Where court denied defendant's pretrial motion to compel discovery of Commonwealth's case prior to formal arraignment, interlocutory appeal quashed; order was not immediately appealable by right, and defendant failed to comply with procedures for seeking discretionary review; defendant's pretrial motion failed on its merits because it was filed prior to formal arraignment rather than 14 days after arraignment.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
�1 This interlocutory appeal is from an order of the Court of Common Pleas of Erie County denying Appellant’s pretrial motion to compel discovery of the Commonwealth’s case prior to formal arraignment. For the following reasons, we quash.

�2 The present case arises from the unsolved homicide of Janine K. Kirk, whose body was found along Beach #3 of Presque Isle State Park on June 25, 1988. An autopsy performed on August 25, 1990, determined that Ms. Kirk died as a result of blunt force trauma to the head and hemorrhaging from stab wounds to the neck. An investigation culminated with the August 25, 2000, arrest of Appellant on the charge of Criminal Homicide, 18 Pa.C.S.A. �2501(a).

�3 Prior to his preliminary hearing, which had been scheduled for November 6, 2000, Appellant filed a motion to compel discovery by the Commonwealth. On October 16, 2000, the lower court held a hearing on Appellant’s motion, wherein counsel for Appellant argued that the “significant passage of time” between the criminal event and his arrest had prejudiced his ability to prepare for the preliminary hearing, thus necessitating immediate discovery. Furthermore, he asserted that Pa.R.Crim.P. 573, *fn1 which sets forth the procedure governing pre-trial discovery, did not prohibit the court from ordering discovery at some time earlier than formal arraignment. The court disagreed that compelling reasons existed to depart from Rule 573, however, and denied Appellant’s motion.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- WILMINGTON, DE

McCarter & English, LLP is actively seeking a midlevel associate for its business litigation practice group in its Wilmington, Delaware ...


Apply Now ›
Chief Public Defender

The County of Dallas, founded in 1846, is the second most populous county in Texas with a vibrant and diverse population of nearly three mil...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements