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COMMONWEALTH PENNSYLVANIA v. DESPINA SMALIS (07/29/86)

SUPREME COURT OF PENNSYLVANIA


decided: July 29, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
DESPINA SMALIS, A/K/A PEPE SMALIS, APPELLEE. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. ERNEST SMALIS, A/K/A ANATSTASIOS SMALIS, APPELLEE

On Remand pursuant to the Mandate of the United States Supreme Court entered June 4, 1986, at No. 85-227

Author: Per Curiam

[ 511 Pa. Page 229]

ORDER

The Order of this Court entered March 29, 1985, at No. 62 W.D. Appeal Dkt. 1984, reversed the Superior Court order

[ 511 Pa. Page 230]

    quashing the Commonwealth's appeal and remanded for a determination on the merits of that appeal. Commonwealth v. Zoller, 507 Pa. 344, 490 A.2d 394 (1985).

The appellees petitioned the United States Supreme Court for a writ of certiorari. That Court granted certiorari, reversed our order and remanded for further proceedings, holding that the Commonwealth's appeal was barred by the Double Jeopardy Clause. Smalis v. Pennsylvania, U.S. , 106 S.Ct. 1745, 90 L.Ed.2d 116 (1986). Therefore, in accordance with the mandate of the Supreme Court of the United States entered June 4, 1986, at No. 85-227, the order of this Court entered March 29, 1985, at No. 62 W.D. Appeal Dkt. 1984 is hereby vacated and the order of the Superior Court entered June 29, 1984, at Nos. 12 to 15 and 45 to 48 Pittsburgh, 1981, quashing the Commonwealth's appeal is reinstated.

19860729

© 1998 VersusLaw Inc.



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