Commonwealth, Pet v. Ball, III., J.
111 A.3d 745
Pa.2015Check TreatmentDante OVERBY, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.
No. 16 EM 2015.
Supreme Court of Pennsylvania.
March 20, 2015.
111 A.3d 744
PER CURIAM.
AND NOW, this 20th day of March, 2015, the Application for Leave to File Original Process and the Petition for Writ of Habeas Corpus are DISMISSED. See Commonwealth v. Reid, 537 Pa. 167, 642 A.2d 453 (1994) (hybrid representation not permitted). The Prothonotary is DIRECTED to forward the filings to counsel of record.
COMMONWEALTH of Pennsylvania, Petitioner v. James Arthur BALL, III, Respondent.
Supreme Court of Pennsylvania.
March 24, 2015.
111 A.3d 745
PER CURIAM.
AND NOW, this 24th day of March, 2015, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
- Given the extensive impact the Superior Court‘s published opinion could have on the lower courts and prosecution offices in situations where a defendant initiates a statutory summary appeal from a Magisterial District Judge‘s sua sponte finding of guilt on an uncharged, lesser-included offense, should this Honorable Court grant review because the purpose for double jeopardy protections are not implicated, or implicated minimally, when the defendant appeals his conviction for a trial de novo?
- Should this Honorable Court exercise its supervisory authority over the Superior Court‘s erroneous discharge of defendant and remand his case for sentencing on the lesser-included offense he appeals and necessarily was found guilty of committing?