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Com. v. Benz

523 Pa. 203 (Pa. 1989)
Com. v. Benz

20 Citing cases

  1. In re Ajaj

    288 A.3d 94 (Pa. 2023)   Cited 17 times

    Rule 506(B)(2) is silent, however, on what standard of review the court of common pleas is required to apply when reviewing that decision. In Commonwealth v. Benz , 523 Pa. 203, 565 A.2d 764 (1989) (plurality opinion), a plurality of this Court "distinguished between a prosecutor's disapproval of a private complaint for reasons of policy and a disapproval based on a legal evaluation of the sufficiency of the complaint" and "essentially endorsed a de novo review by the [court of common pleas] when a prosecutor's disapproval is based on a legal determination of the sufficiency of the complaint." Brown II , 708 A.2d at 84.

  2. Com. v. Brown

    550 Pa. 580 (Pa. 1998)   Cited 21 times
    Defining "bad faith" as "the conscious doing of a wrong because of" a "deviation from moral rectitude or sound thinking."

    Commonwealth v. Malloy, 304 Pa. Super. 297, 303, 450 A.2d 689, 692 (1982). In Commonwealth v. Benz, 523 Pa. 203, 565 A.2d 764 (1989), a plurality decision, this Court distinguished between a prosecutor's disapproval of a private complaint for reasons of policy and a disapproval based on a legal evaluation of the sufficiency of the complaint. The district attorney in Benz had disapproved a private complaint because it failed to make out a prima facie case.

  3. Com. v. Pritchard

    408 Pa. Super. 221 (Pa. Super. Ct. 1991)   Cited 12 times
    Holding that the trial court, in its independent review of a complaint, should not interfere with the exercise of prosecutorial discretion unless it is determined that there has been a gross abuse of discretion

    The Commonwealth cited Commonwealth v. Benz in support of its position. In Commonwealth v. Benz 523 Pa. 203, 565 A.2d 764 (1989), an issue similar to that raised herein had been waived. However, in that case, the issue was raised for the first time on appeal.

  4. Com. v. Brown

    447 Pa. Super. 454 (Pa. Super. Ct. 1995)   Cited 21 times
    Stating that "our review is limited to determining whether the trial court abused its discretion or committed an error of law"

    In 1989, our supreme court first distinguished between a prosecutorial decision that is based upon a policy determination and one that is based upon a legal evaluation of the sufficiency of the complaint. In Commonwealth v. Benz, 523 Pa. 203, 565 A.2d 764 (1989) (plurality), a private complaint was disapproved for insufficient evidence. The common pleas court applied the Eisemann standard and held that the prosecutor did not abuse his discretion in disapproving the complaint.

  5. Com. v. Jury

    431 Pa. Super. 129 (Pa. Super. Ct. 1993)   Cited 21 times
    In Jury, the appellant specifically asked this Court to decide if the prosecutor had applied the proper legal standard in assessing and disapproving the private criminal complaint at issue.

    In determining whether to approve or disapprove a private criminal complaint, the district attorney may rely on either a legal assessment of the complaint, or wholly discretionary matters of policy. Commonwealth v. Benz 523 Pa. 203, 565 A.2d 764 (1989). When the district attorney rests the disapproval of a private criminal complaint on wholly discretionary matters of policy, this Court will not disturb that determination, absent a gross abuse of discretion.

  6. Seeton v. Adams

    50 A.3d 268 (Pa. Cmmw. Ct. 2012)   Cited 16 times
    Holding that mandamus would not lie to compel Berks County District Attorney to prosecute a sportsmen's club for conducting a live pigeon shoot in a manner that allegedly violated the law because the exercise of District Attorney's prosecutorial discretion was beyond the reach of the writ of mandamus

    Pa. R.Crim. P. 506. If the district attorney disapproves the complaint, the private complainant can petition the Court of Common Pleas for a review of the disapproval. In Commonwealth v. Benz, 523 Pa. 203, 565 A.2d 764 (1989), our Supreme Court reviewed this rule, in an earlier version, Pa. R.Crim. P. 133. The questions were (1) whether the trial court's decision upholding a prosecutor's decision not to approve a private complaint was appealable to the Superior Court and (2) whether the trial court's review can include a review of a prosecutor's policy decision not to prosecute, e.g., for lack of resources or case load priorities.

  7. In re Wilson

    2005 Pa. Super. 211 (Pa. Super. Ct. 2005)   Cited 107 times
    Recognizing district attorney not obligated to bring private criminal complaint simply because facts recited in complaint make out prima facie case, and may exercise sound discretion to refrain from prosecution in good faith belief that prosecution would not serve best interests of state

    Moreover, the Commonwealth's position would allow the Court of Common Pleas to review the District Attorney's decision without providing a mechanism to correct any possible improper assessment of that decision. See Commonwealth v. Benz, 523 Pa. 203, 209 n. 6, 565 A.2d 764, 768 n. 6 (1989). Accordingly, we cannot conclude Appellant's right to appeal is violative of the separation of powers doctrine.

  8. Com. v. Campbell

    455 Pa. Super. 6 (Pa. Super. Ct. 1996)

    The court in this case properly looked to the facts set forth by Appellant in the petition. We wish to add on this point that the court correctly determined that the passage cited by Appellant, which appears in the concurring opinion by Justice Larsen in Commonwealth v.Benz, 523 Pa. 203, 565 A.2d 764 (1989), is not controlling in this matter. Cited is the following: "Thus, upon the filing of a private criminal complaint involving acts which constitute a clear and present danger to any person or to the community, the issuing authority must conduct a preliminary hearing.

  9. Com. v. Stivala

    435 Pa. Super. 176 (Pa. Super. Ct. 1994)   Cited 11 times

    We disagree. A recent Supreme Court decision, Commonwealth v. Benz, 523 Pa. 203, 565 A.2d 764 (1989), involved the decision by a district attorney not to prosecute a defendant police officer who shot an individual during an altercation at a hospital in Pittsburgh. Although the coroner recommended charges be filed for voluntary manslaughter, the district attorney refused.

  10. In re Maloney

    431 Pa. Super. 321 (Pa. Super. Ct. 1994)   Cited 28 times
    Finding there was sufficient to establish a prima facie case of making a terroristic threat where victim alleged that driver-defendant pointed a gun at him and told him to "get the fuck out of here"

    In determining whether to approve or disapprove a private criminal complaint, the district attorney may rely on either a legal assessment of the complaint, or wholly discretionary matters of policy. Commonwealth v. Benz, 523 Pa. 203, 565 A.2d 764 (1989). When the district attorney rests the disapproval of a private criminal complaint on wholly discretionary matters of policy, this Court will not disturb that determination, absent a gross abuse of discretion.