Legal Opinion

Commonwealth v. Burke

Supreme Court of Pennsylvania

Decided October 17, 2001No. 6 W.D.2000PublishedCited by 177 opinions

1Opinion of the Court

OPINION OF THE COURT

CASTILLE, Justice.

The issue in the instant appeal is whether a dismissal of criminal charges is an appropriate sanction for the Commonwealth’s failure to disclose certain evidence to the defense prior to trial. For the following reasons, we hold that the sanction of dismissal by the trial court was improper and, accordingly, we affirm the order of the Superior Court.

On March 27, 1996, appellant Donald Scott Burke was working as an assistant manager at the Mardi Gras Restaurant in Ohio Township. Richard Graham, who was seventeen years old at the time, was also working at…

2Cases cited21 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. United States v. AgursSupreme Court of the United States · 1976
  5. Kyles v. WhitleySupreme Court of the United States · 1995

16 more not listed; retrieve them via the Exa API.

3Cited by177 opinions

  1. Commonwealth v. FearsSupreme Court of Pennsylvania · 2014
  2. Commonwealth v. Treiber, S., ApltSupreme Court of Pennsylvania · 2015
  3. Commonwealth v. SpotzSupreme Court of Pennsylvania · 2006
  4. Commonwealth v. MelvinSuperior Court of Pennsylvania · 2014
  5. Commonwealth v. LeskoSupreme Court of Pennsylvania · 2011

172 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API