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Legal Opinion

Commonwealth v. La Belle

Supreme Court of Pennsylvania

Decided June 17, 1992No. 55 E.D. Appeal Docket 1991PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

FLAHERTY, Justice.

The issue raised by this case is whether the Commonwealth may bring a second prosecution on the same criminal charge when the new prosecution was brought within the statute of limitations for the applicable charge, but the Commonwealth chose not to appeal an order dismissing the first criminal prosecution because of a non-remediable defect.

La Belle was involved in a one-car accident on June 2, 1985. Eight days after the accident, he was charged with driving under the influence of alcohol (“DUI”). 75 Pa.C.S. § 3731(a). Fifteen days after the accident, he…

2Cases cited5 opinions

  1. Commonwealth v. HetheringtonSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. RevtaiSupreme Court of Pennsylvania · 1987
  3. Commonwealth Ex Rel. Fitzpatrick v. MirarchiSupreme Court of Pennsylvania · 1978
  4. Commonwealth v. SchimelfenigSupreme Court of Pennsylvania · 1987
  5. Commonwealth v. RevtaiSupreme Court of Pennsylvania · 1985

3Cited by24 opinions

  1. Commonwealth v. WallerSuperior Court of Pennsylvania · 1996
  2. Commonwealth v. BreelandSuperior Court of Pennsylvania · 1995
  3. Commonwealth v. SebekSuperior Court of Pennsylvania · 1998
  4. Commonwealth v. JonesSuperior Court of Pennsylvania · 1996
  5. Commonwealth v. BowmanSuperior Court of Pennsylvania · 2003

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