Com. v. Schaeffer

Decision Date30 December 1994
PartiesCOMMONWEALTH of Pennsylvania, Appellant, v. Paul R. SCHAEFFER, Jr., Appellee.
CourtPennsylvania Supreme Court

Appeal No. 53 Middle District Appeal Docket 1988, from the Order of the Superior Court entered December 29, 1987, at No. 228 Harrisburg 1985, 370 Pa.Super. 179, 536 A.2d 354 (1987), Reversing the Judgment of Sentence of the Court of Common Pleas of Lycoming County, Criminal Division, Entered on April 15, 1985, at No. 84-10,589, and Remanding for a New Trial.

Paul M. Yatron, Robert A. Graci, Harrisburg, for Atty. General's Office.

Brett O. Feese, Williamsport, Marianne E. Cox, Philadelphia, Robert E. Colville, Robert L. Eberhardt, Pittsburgh, for Com.

Gaele McLaughlin Barthold, Philadelphia, for amicus curiae, Philadelphia Dist. Attorney's Office.

David M. McGlaughlin, Philadelphia, for amicus curiae, Pa. Ass'n. of Crim. Defense Lawyers.

Dennis C. McAndrews, Media, for amicus curiae, Pa. Dist. Attorney's Ass'n.

Peter T. Campana, Marc F. Lovecchio, Williamsport, for P.R. Schaeffer.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

ORDER

PER CURIAM.

The Court being equally divided, the order of the Superior Court is affirmed.

MONTEMURO, J., did not participate in the decision of these cases.

NIX, C.J., and PAPADAKOS and CASTILLE, JJ., dissent and would reverse the Order of the Superior Court.

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18 cases
  • Com. v. Metts
    • United States
    • Pennsylvania Superior Court
    • December 6, 1995
    ...them back to the police." Brion, 652 A.2d at 287. Appellant claims that Brion and the consolidated case of Commonwealth v. Schaeffer, 539 Pa. 271, 272, 652 A.2d 294 (1994), which were both decided on December 30, 1994, must be applied retroactively to his In Commonwealth v. Brion, supra, ou......
  • Com. v. Swinehart
    • United States
    • Pennsylvania Supreme Court
    • August 29, 1995
    ...of the Superior Court in Commonwealth v. Schaeffer, 370 Pa.Super. 179, 536 A.2d 354 (1987), aff'd by an equally divided court, 539 Pa. 272, 652 A.2d 294 (1994). The Commonwealth again appealed from the suppression ruling to the Superior Court. The Superior Court reversed the trial court, re......
  • Com. v. DeBlase
    • United States
    • Pennsylvania Supreme Court
    • August 29, 1995
    ...of the members of this Court recused himself because of his service on the Superior Court panel in Schaeffer I and Schaeffer II. 539 Pa. 271, 652 A.2d 294 (1994).6 This two year, seven month incarceration period represents the period from April 26, 1989, the date appellant filed his petitio......
  • Commonwealth v. Dunnavant
    • United States
    • Pennsylvania Supreme Court
    • December 29, 2014
    ...On reargument, the Court, with a new composition, again divided 3–3, resulting in a per curiam affirmance. Commonwealth v. Schaeffer, 539 Pa. 271, 652 A.2d 294 (1994).A year after the original Schaeffer division, a full Court was available to consider a similar question, however, in Commonw......
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