Opinion
Civil Action 22-1203
09-12-2024
ORDER
JEFFREY L. SCHMEHL, J.
AND NOW, this 12th day of September, 2024, it is hereby ORDERED that:
1. Defendant's motion to dismiss the amended complaint [Doc. 32] is GRANTED in part and DENIED in part.
2. The motion is GRANTED as to Plaintiff's facial challenges to the constitutionality of section 9545(b)(1)(ii) of the Pennsylvania Post Conviction Relief Act, 42 Pa. Cons. Stat. §9545(b)(1)(ii) and Pennsylvania Rule of Criminal Procedure 902(E)(1).
3. The motion is DENIED as to Plaintiff's facial and/or as-applied challenge to the constitutionality of section 708(b)(16) of the Pennsylvania Right-to-Know-Law, 65 Pa. Cons. Stat. § 708 (b)(16).
4. The Defendant shall provide the Court with a status report within 30 days of the date of this Order as detailed in the accompanying Opinion.