Legal Opinion · Concurrence

Commonwealth v. Feagley

Supreme Court of Pennsylvania

Decided February 29, 1988No. 00265Published

1ConcurrenceKelly, Judge

I join in the majority opinion. I would add to its excellent analysis briefly as follows.

Appellant contends that the conditions imposed on ARD are illegal and excessive. Assuming, arguendo, that his contentions have merit,* how may the conditions properly be challenged? Unless ARD is revoked, appellant’s charges will be held in abeyance until ARD is completed. Consequently, direct appeal of a final order would not be available as the challenged license suspension would have expired, the charges would be dismissed, and appellant’s claim *608would be moot. Thus, while ARD acceptance does not…

2Cases cited9 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Fried v. FriedSupreme Court of Pennsylvania · 1985
  3. Zarnecki v. ShepegiSupreme Court of Pennsylvania · 1987
  4. Commonwealth v. KiehlSupreme Court of Pennsylvania · 1986
  5. Commonwealth v. BonaparteSupreme Court of Pennsylvania · 1987

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