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COMMONWEALTH PENNSYLVANIA v. TYRONE WILLIAMS (03/07/89)

filed: March 7, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
TYRONE WILLIAMS, APPELLEE



Appeal from the Order of the Superior Court dated August 16, 1985 at No. 2049 Philadelphia affirming the order of the Court of Common Pleas of Philadelphia County, dated July 6, 1984 at Nos. 84-04-0364-0379 and 84-04-1462-1470, dismissing prosecutions.

Mr. Justice Papadakos, Mr. Justice McDERMOTT, Dissent

Order

Per Curiam

AND NOW, this 7th day of March 1989, the above-captioned appeal is dismissed as having been improvidently granted.

Mr. Justice McDermott files a dissenting opinion.

Mr. Justice Papadakos files a dissenting opinion.

Mr. Justice Larsen dissents.

ING OPINION

MR. JUSTICE McDERMOTT

The germane facts of this case are that a man accused of the rape and robbery of three elderly women is permitted to walk free, untried, and unresolved of guilt or innocence, because the prosecutor failed to file a petition for extension under Rule 1100. That is to say that our society may be punished by a violent criminal for the inadvertence of the prosecution; for if this defendant was in fact guilty sad experience show that he will likely return after having laid waste to other lives.

This case is further evidence of why the remedy for a Rule 1100 violation should not be invoked automatically, but should be dependent upon a showing of prejudice sufficient to demonstrate a constitutional deprivation of due process. Such an analysis is all that the constitution of the United States requires,*fn1 and we should eliminate this bonus remedy which heretofore has been bestowed on defendants. Unfortunately, as our law is presently administered, it elevates form over substance with the assured effect of reducing public confidence in the administration of justice.

ING OPINION

MR. JUSTICE PAPADAKOS

I dissent to the Court's disposition of this Petition for Review. It is my conviction that this Appellee should not be permitted to avoid trial because of a misplaced sensitivity to hyper-technical ...


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