Com. v. Smalis

3 Citing cases

  1. Commonwealth v. Collins

    No. J-A26004-17 (Pa. Super. Ct. Feb. 13, 2018)

    We agree that the court erred by analyzing whether Appellant was prejudiced. The trial court opinion cites Commonwealth v. Smalis, 592 A.2d 669 (Pa. 1991), for the proposition that "Prejudice, of course, should be assessed in the light of the interests of defendants which the speedy trial right was designed to protect." Id. at 672 (quoting Barker v. Wingo, 407 U.S. 514, 532 (1972)).

  2. Com. v. Bobitski

    442 Pa. Super. 526 (Pa. Super. Ct. 1995)

    Because appellant has failed to establish a violation of his speedy trial rights, the lower court did not err in failing to dismiss the charges against appellant. See also, Commonwealth v.Smalis, 527 Pa. 375, 592 A.2d 669 (1991), cert. denied, Smalisv. Pennsylvania, 502 U.S. 859, 112 S.Ct. 175, 116 L.Ed.2d 138 (1991) (holding that defendant's speedy trial rights were not violated, and defendant could be tried on remaining charges, where Commonwealth's appeal of a demurrer ruling consumed approximately six years).

  3. City of Hazleton v. Smith

    155 Pa. Commw. 551 (Pa. Cmmw. Ct. 1993)   Cited 2 times
    In Smith, a district justice determined that the defendant was not guilty of 35 alleged violations of a sidewalk ordinance.

    The city has no right of appeal from the district justice's verdict of not guilty. In Commonwealth v. Wimberly, 488 Pa. 169, 411 A.2d 1193 (1980), diverged from on different grounds, Commonwealth v. Smalis, 527 Pa. 375, 592 A.2d 669 (1991), the Pennsylvania Supreme Court clearly held that no appeal lies from a judgment of acquittal in a criminal proceeding. The Supreme Court has also indicated that, "where a defendant has been found not guilty at trial, he may not be retried on the same offense 'even if the legal rulings underlying the acquittal were erroneous.' "