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COMMONWEALTH v. CAMPANA (01/24/74)

decided: January 24, 1974.

COMMONWEALTH
v.
CAMPANA, APPELLANT. COMMONWEALTH V. DOE ET AL., APPELLANTS. COMMONWEALTH V. KING, APPELLANT



Same cases in Supreme Court: Concurring Opinion by Mr. Justice Nix. Dissenting Opinion by Mr. Justice Pomeroy.

Author: Per Curiam

[ 455 Pa. Page 624]

On May 4, 1973, this Court reversed the several judgments of sentence in Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973).*fn1 Three opinions were filed in support of our judgments, none of which obtained the approval of a majority of this Court.*fn2

Subsequently a petition for writ of certiorari was submitted to the United States Supreme Court. On October 9, 1973, the Supreme Court granted the petition for writ of certiorari, vacated this Court's judgments, and remanded the causes in Campana to us to consider whether our judgments were based on federal or state grounds. Pennsylvania v. Campana, 414 U.S. 808, 94 S. Ct. 73 (1973). Accordingly, we file this per curiam addendum opinion.

There are, of course, indications in some of the opinions supporting our judgments that a basis for the judgments was to be found in federal constitutional problems. However, there are also separate reasons advanced for the result that do not stand on a view of federal constitutional requirements.

Our supervisory power over state criminal proceedings is broad,*fn3 and this Court need not, as a matter of state law, limit its decision to the minimum requirements of federal constitutional law. E.g., Commonwealth v. Mills, 447 Pa. 163, 286 A.2d 638 (1971);*fn4

[ 455 Pa. Page 625]

See Commonwealth v. Willman, 434 Pa. 489, 491, 255 A.2d 534, 535 (1969). Compare Santobello v. New York, 404 U.S. 257, 92 S. Ct. 495 (1971) (decided Dec. 20, 1971), with Commonwealth v. Alvarado, 442 Pa. 516, 276 A.2d 526 (1971) (decided Apr. 22, 1971).

This Court views our May 4, 1973 judgments in Campana as state law determinations pursuant to our supervisory powers.

The result this Court reached in Campana is entirely in harmony with section 110 of our Crimes Code, which became effective shortly after our decision and is now in effect. 18 Pa. S. § 110 (1973) (effective June 6, 1973).*fn8 Section 110 bars in described circumstances

[ 455 Pa. Page 627]

    subsequent state prosecutions for "any offense based

[ 455 Pa. Page 628]

    on the same conduct or arising from the same criminal episode . . . ...


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