Opinion
[J-52-99]
Argued: April 26, 1999.
Filed: August 18, 1999.
Appeal from the Order of the Superior Court entered October 28, 1997 at 88 PHL 97 reversing the order of the Court of Common Pleas of Sullivan County entered December 5, 1996 at No. 95-98 and remanding for a new trial. Nos. 113 And 114 M.D. Appeal Dockets 1998.
Marsha L. Levick, Hattie Ruttenberg, Leval S. Miller-Wilson, Susan Snyder, Lourdes M. Rosado, Juvenile Law Center, for Rosa M. Hartford.
D. Michael Fisher, Atty. Gen., Robert A. Graci, Asst. Executive Deputy Atty. Gen., Office of Atty. Gen., for the Com.
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.
ORDER
AND NOW, this 18th day of August, 1999, this appeal is DISMISSED as improvidently granted. Consequently, appellants' motions to suppress portions of appellee/cross-appellant's brief, to suppress portions of brief of amicus Family Research Council, and to suppress pre-sentence report and victim impact statement are DENIED.
Justice CAPPY files a dissenting statement in which Justice NEWMAN joins.
I dissent from the decision of the majority to dismiss this matter as having been improvidently granted. I would reach the issues as presented because I have grave doubts whether 18 Pa.C.S.A. § 2904(a) was intended to apply to factual situations such as those presented in this case.
Justice NEWMAN joins this Dissenting Statement.