139 A.3d 204
Pa. Super. Ct.2016Background
- Municipal Court Judge Felice Stack granted Lancit's motion to suppress evidence from a stop (lack of reasonable suspicion/probable cause).
- The Commonwealth appealed to the Philadelphia Court of Common Pleas; Judge Joan Brown reversed the suppression order on interlocutory appeal.
- Lancit was tried and convicted in Municipal Court after the reversal and sentenced to probation.
- Lancit filed a Writ of Certiorari in the Court of Common Pleas; Judge Thomas Street initially granted the writ and reinstated the suppression ruling, but later vacated that order on the Commonwealth's motion to reconsider.
- Lancit appealed, arguing a Court of Common Pleas judge sitting post-trial could review and overrule another Common Pleas judge’s interlocutory appellate decision.
- The Superior Court considered whether the Law of the Case Doctrine barred Judge Street from reversing Judge Brown’s earlier appellate decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Court of Common Pleas judge sitting on certiorari could review and overrule a prior Common Pleas judge’s interlocutory appellate ruling on suppression | Lancit: the post-trial judge (Street) could overrule a pre-trial judge (Brown); post-trial review has broader authority | Commonwealth: Law of the Case bars one judge of coordinate jurisdiction from overruling another absent exceptional circumstances | The Law of the Case barred Judge Street from revisiting Judge Brown’s appellate decision; affirming vacatur of Street’s grant of certiorari |
Key Cases Cited
- Jones v. Rivera, 866 A.2d 1148 (Pa. Super. 2005) (standard of review for law-of-the-case questions is de novo)
- Durante v. Pennsylvania State Police, 809 A.2d 369 (Pa. 2002) (cited on standard of review)
- Commonwealth v. Starr, 664 A.2d 1326 (Pa. 1995) (articulates three related rules of the Law of the Case Doctrine)
- Zane v. Friends Hosp., 836 A.2d 25 (Pa. 2003) (Law of the Case serves finality, consistency, and judicial efficiency)
- Commonwealth v. Coleman, 19 A.3d 1111 (Pa. Super. 2011) (Court of Common Pleas sits in an appellate capacity on certiorari from Municipal Court)
- Commonwealth v. Williams, 125 A.3d 425 (Pa. Super. 2015) (a defendant cannot ask the same appellate court to overrule another judge of that court on the same issue)