In re York County District Attorney's Office
15 A.3d 70
| Pa. Super. Ct. | 2010Background
- McClain was arrested Jan 8, 2009 on drug and weapon charges and suspended-license driving; May 21, 2009 omnibus motion sought suppression and CI identity; June 5, 2009 suppression denied but CI disclosure order issued; Commonwealth sought reconsideration June 15–24, 2009 but was denied; July 14, 2009 discovery motions and status hearing led to trial court finding contempt for noncompliance; August 4, 2009 trial court imposed $5,000 fine on the York County DA’s Office; charges were later nolle prosequied with prejudice; appeal followed asserting three issues; court reverses the contempt sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal from contempt was proper. | McClain’s timely appeal permitted. | Commonwealth argued improper timing but appeal allowed. | Appeal proper; immediate right to appeal contempt affirmed. |
| Whether the trial court erred in ordering CI disclosure. | Disclosing CI was error and not necessary given mootness. | State’s privilege to protect informant outweighed McClain’s need. | Court declined to address on moot grounds; order reviewed only insofar as sanctions. |
| Whether the $5,000 sanction was proper punishment for noncompliance. | Discretion to withhold informant info and remedy through nondisclosure threatened rights. | Sanction served to punish disobedience and advance fair trial; within prosecutorial discretion. | Sanction reversed; fines improper where charges were nol-prossed and fruits-of-transgression unavailable. |
Key Cases Cited
- Commonwealth v. Ashton, 824 A.2d 1198 (Pa.Super.2003) (immediate right to appeal criminal contempt sanctions)
- Commonwealth v. Jackson, 598 A.2d 568 (Pa.Super.1991) (permissive interlocutory appeal not required for disclosure orders)
- In re C.W., 960 A.2d 458 (Pa.Super.2008) (contempt classification civil vs criminal; purpose of sanction matters)
- Commonwealth v. King, 932 A.2d 948 (Pa.Super.2007) (remedy for discovery violations is denial of fruits of transgression)
- Commonwealth v. Bing, 713 A.2d 56 (Pa.1998) (confidential informant privilege to protect public safety)