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APPLICATION EDWARD G. BIESTER v. RICHARD L. THORNBURGH (12/26/79)

decided: December 26, 1979.

IN RE APPLICATION OF EDWARD G. BIESTER, JR., ATTORNEY GENERAL FOR THE COMMONWEALTH OF PENNSYLVANIA, REQUESTING THAT AN ORDER DIRECTING THAT A MULTI-COUNTY INVESTIGATING GRAND JURY, HAVING STATEWIDE JURISDICTION, BE SUMMONED. WILLIAM C. COSTOPOULOS, PETITIONER,
v.
RICHARD L. THORNBURGH, GOVERNOR FOR THE COMMONWEALTH OF PENNSYLVANIA, ROBERT E. CASEY, TREASURER OF PENNSYLVANIA, AND EDWARD G. BIESTER, JR., ATTORNEY GENERAL FOR THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS



No. 91 E. D. Misc. Dkt. 1979, No. 98 E. D. Misc. Dkt. 1979

COUNSEL

James J. West, Henry G. Barr, Asst. Attys. Gen., Dauphin County.

William C. Costopoulos, Lemoyne, for petitioner in No. 98 and for intervenor in No. 91.

Richard L. Thornburgh, Governor of Pennsylvania, Robert E. Casey, Treasurer of Pennsylvania, for respondents in No. 98.

Edward G. Biester, Jr., Atty. Gen., for petitioner in No. 91 and respondents in No. 98.

James J. West, Harrisburg, Stephen Goldblatt, Philadelphia, Robert Eberhardt, Pittsburgh, for amicus curiae.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision of this case.

Author: Eagen

[ 487 Pa. Page 440]

OPINION OF THE COURT

Pursuant to the Investigating Grand Jury Act, Act of November 22, 1978, P.L. 1148 No. 271, §§ 1 et seq., 19 P.S. §§ 265 et seq. [Hereinafter: 19 P.S. § 265], the Attorney General of the Commonwealth, Edward G. Biester, Jr., filed with the Prothonotary of this Court at 91 E.D.Misc.Dkt.1979 an "application requesting an order directing that a multicounty investigating grand jury having statewide jurisdiction be summoned." Pursuant to 19 P.S. § 268, the application was presented to me, as Chief Justice of Pennsylvania, and I, on July 2, 1979, entered an order which, inter alia, directed the summonsing and convening of a multi-county investigating grand jury with statewide jurisdiction.

On that same day, William C. Costopoulos, Esquire, filed an "application for leave to intervene," an "amicus curiae brief," and an "application of amicus to present oral argument." Additionally, Costopoulos filed a "petition for review" at 98 E.D.Misc.Dkt.1979 seeking to set aside the application of the Attorney General at 91 E.D.Misc.Dkt.1979.

[ 487 Pa. Page 441]

On July 30, 1979, I entered a rule to show cause on the petition for review returnable on September 18, 1979 at 10:00 a. m., and granted the application of amicus curiae to present oral argument at the same time. Further, on July 30, ...


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