No. 442, Disciplinary Docket No. 2, Disciplinary Board No. 61 OB 84, On Exceptions from the Report and Recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania, Dated July 24, 1985, and Docketed at No. 61 DB 84
Samuel C. Stretton, West Chester, for respondent.
Albert M. Nichols, Chief Counsel, John W. Herron, Asst. Disc. Counsel-in-charge, Philadelphia, Paul J. Burgoyne, Asst. Disc. Counsel, West Chester, for petitioner.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Zappala, J., filed a dissenting opinion in which Hutchinson, J., joined.
Having reviewed the Petition for Reargument filed by Harold Edwin Casety, Jr., and the Opinion of the Court filed in this matter on December 13, 1985, it appears that revisions on pages nine (9) and twelve (12) of the Opinion are required, and that these corrections can be made without reargument. Accordingly, the Petition shall be considered as a Petition for Reconsideration and is granted. The Prothonotary is directed to file the attached corrected Opinion and to withdraw the Opinion filed by the court on December 13, 1985, 502 A.2d 177.
Harold Edwin Casety, Jr. (Casety) has petitioned this Court from the Finding of Facts and Recommended Discipline of the Disciplinary Board (Board) of this Court recommending that Casety be disbarred from the practice of law.*fn1 The facts are not in dispute and can be briefly summarized.
Casety was admitted to the practice of law in 1972, and practiced continuously in the Commonwealth until mid-1979, when he and his girlfriend moved to California. On November 22, 1979, he killed his girlfriend, shooting her five times in various parts of her body. Casety admitted shooting his girlfriend and immediately turned himself over to the police.
After being charged with murder and use of a firearm during the commission of a crime, Casety pled guilty to voluntary manslaughter as defined by the California Penal Code (CPC) § 192, subd. 1,*fn2 and to using a firearm during the commission of a ...