Pennsylvania State Police v. McPherson

jurisdiction is liminary objection after tak- for lack of sluggish dizziness movement OVERRULED, respondent’s preliminary ing replacement prescrip- one dose of the upon allege objection tion. He does not that access to for failure to state a claim delayed, granted medical treatment was denied or which relief can be is SUS- affected, TAINED, daily Gary peti- or that his activities were L. Kretchmar’s any pain, preju- that he suffers or that further tion for review is DISMISSED with Clearly, injury will result. Petitioner does dice. objective element of “denial satisfy the minimal measure of life’s civilized Farmer, 834, 114 511 U.S. at

necessities.”

S.Ct. 1970. We therefore hold Petitioner’s a claim for

allegations insufficient state indifference to a serious medical

deliberate

need. That non-formu- alleges Petitioner STATE PENNSYLVANIA lary prescription was “denied” Claritin POLICE, Petitioner, result, compel does not for different First, factually, several reasons. Petition- alternate/replacement McPHERSON, given er was “an Respondent. Mark K. Claritin” which he declined to take more Pennsylvania. Commonwealth Court Second, legally, than once. Petitioner compel not use a discretion- mandamus March 2003. Argued act, ary prescription as the of one such Sept. Filed many. Atlantic-Inland. among medicine Third, may not legally, Petitioner invoke indifference claim to second-

deliberate of treat-

guess adequacy course

ment, question which remains a of sound

professional judgment. Inmates Alle-

gheny County. averments that

Satisfied Petitioner’s frequent med- years he has received treatment, including di-

ical attention and tests, medicines, ointments and

agnostic

creams, inquire into the ade- we will not allergy treatment.

quacy of his extensive reasons, we sustain foregoing preliminary objection for failure to

DOC’s upon which can be

state a claim relief petition and dismiss the for re-

granted, prejudice.

view with

ORDER NOW, day September,

AND this 8th of Penn- respondent Commonwealth pre-

sylvania, Department of Corrections’ McGuire, Harrisburg,

Daniel R.L. petitioner. Denard, for re- Warrington,

Dennis P. spondent. COLINS, Judge,

BEFORE: President LEADBETTER, Judge, KELLEY, Judge. Senior BY LEADBETTER.1 Judge

OPINION (PSP) Pennsylvania pe- Police tition for review of the order the Office (OAG) Attorney sustaining General K. and direct- appeal of Mark McPherson official ing the PSP to correct McPherson’s Specifically, record. order directed the PSP to delete from its McPherson the information that subject disability due gun was to a federal disorderly conduct to a conviction for with his stemming from altercation acted wife. conclude that the PSP We appropriately scope of its re- within sponsibility under the Uniform Firearms (UFA), §§ Act 6101—6126 therefore, order. we reverse the OAG’s 13, 1999, McPherson had a

On October and criminal dispute with his ex-wife pled McPherson charges were filed. conduct, a guilty to one count of misdemeanor,2 for which he degree third inconvenience, alarm, annoyance assigned July public 1. case was to the author on This thereof, creating en- recklessly a risk he ... threatening gages fighting or in violent Pennsylvania 2. Section behavior....” tumultuous guilty person is "[a] Crimes Code states that 5503(b) 5503(a)(1). provides if, cpuse disorderly conduct with intent to Thereafter, one-year Disorderly Your 2000 probation. served conviction it is a prohibiting Conduct is because applied to the October of McPherson crime of Domestic Violence. County sheriff of Bucks for renewal of his permit provided appealed this determination UFA, under 6109 of the 18 Pa. Section OAG, the PSP and then to the which as- § C.S. 6109. On October signed Judge an Administrative Law (ALJ) sheriff denied the based on the hearing. to conduct a report of McPherson’s criminal his- PSP’s hearing, At McPherson testified record, tory which included the regarding underlying the facts the con- McPherson chal- conduct conviction. The contended that viction. PSP provided in the manner lenged this conviction constituted a McPherson’s 6111.1(e) under Ini- Section UFA.3 vio- “misdemeanor crime domestic tially, sustained McPherson’s 922(g)(9) PSP lence” under Section (GCA, Act of 1968 challenge and indicated a “denial re- Federal Gun Control Act), simply Gun Control carry that he could a firearm verse” letter § in 27 922(g)(9), regulations but a later revoked decision few weeks § The further con- C.F.R. 178.11.4 stating: a letter un- prohibited tended that McPherson is brought It has been to our attention possessing der the from a GCA your Disorderly that conviction for Con- exempt is not from this un- he prohibiting duct in 2000 is a offense for and, 6105(g) der of the UFA a License to a firearm. There- therefore, precluded from he fore, 9, 2001, our letter dated November 6109(e)(l)(xiii) a license under Section your for a License to reversing denial the UFA. Carry hereby a firearm is rescinded. found insufficient evidence to ALJ Please be advised that the basis for support the PSP’s determination your denial can be found under the McPherson’s conviction was for a crime of therefore, [UFA], § sustained domestic violence 6111.1(e). part § pertinent offense under this ”[a]n degree the third section is misdemeanor of if the intent of the actor is to cause substantial pro- 4. The Federal Gun Control Act of 1968 harm or serious inconvenience....” 18 Pa. disposition any hibits the sale or firearm to 5503(b). §C.S. person convicted in court of a misde- violence, 18 U.S.C. meanor crime of domestic 6111.1(e) pertaining to 3. Section 922(d)(9), prohibits person convicted challenges report, pro- to the PSP’s record vides, crime of do- court misdemeanor pertinent part: (e) shipping transporting Any person mestic violence from Challenge to records.— ammunition, right possess who is denied the to ... [or] receiving any proce- carry ... a firearm as a result of the 922(g)(9). U.S.C. may by chal- dures established this section "misdemeanor crime of domes- GCA defines lenge accuracy person’s criminal of that violence,” pertinent part, as of- “[a]n tic by pursuant ... to a denial a misdemeanor under fense that ... in accordance instantaneous records check has, law; (ii) and ... as an Federal or State by procedures established the [PSP]. with element, challenge resulting from a un- The decision ... committed a current or former appealed to the der this subsection 921(a)(23)(A). spouse...." U.S.C. days within 30 of the decision [OAG] nearly defi- 178.11 states a identical C.F.R. may be [OAG] The decision of the [PSP]. appealed to Commonwealth Court.... nition. for or has ever been appeal. The ALJ directed the PSP to under indictment respect punishable by such remedial action im- take with convicted of a crime correction of McPherson’s criminal record prisonment exceeding year, one Repository, in the noti- maintained Central charac- vestigate whether the fy applicable agencies of the correction reputation ter and are such provide copy a corrected likely act in a applicant will not be of his criminal record information. The public safety dangerous manner petition present PSP then filed the appli- whether the and shall reasserting arguments review made precluded receiving cant would be before the ALJ. McPherson contends that (e)(1) under subsection or sec- license in gun his conviction does not result dis- 6105(h) (relating persons not to and, ability because he was for a applying manufacture, control, use, possess, sell license to a firearm rather than the firearms) and shall conduct transfer firearm, any duty sale or transfer of a on background, juvenile a delin- part report gun of the PSP to federal following or mental health check quency disability under Section 6111 of the UFA is procedures set in section 6111 forth applicable here. (relating ownership). to firearm added). 6109(d) § (emphasis 18 Pa.C.S. The decision to a is issue license sheriff, directed under Based on the solely subject for the to certain 6109(d), exercising the sheriff statutory prohibitions. absolute Pa. Section See 18 license, 6109; § a ex- C.S. Moats v. sound discretion issue Pennsylvania State (Pa.Cmwlth. Police, 1102, cept specific in listed in 782 A.2d 1104 circumstances 2001). (e) However, prohibit- where a license is while has subsection the sheriff sole discretionary authority, ed. under the statuto ry scheme established with the 1995 respect history to the criminal rec- With UFA, amendments to the which added check, specifically assigns 6111 ord Section provision reports for PSP of criminal histo de- investigatory authority to the PSP to

ry, the has a mandatory PSP role reported termine if a misdemeanor convic- investigation which the sheriff must under and, violence there- tion involved domestic take. This scheme of investigation and fore, a under the gun constitutes reporting part on the of the PSP estab provides, Act. 6111 Gun Control Section rigorous process prereq lishes a more as a pertinent part, as follows: uisite to a gun license and de of the enforcement of 18 purposes prives the sheriff some of the exclusive 922(d)(9), (g)(1) United States Code investigatory power had and discretion he (s)(l) acts), in (relating to unlawful prior to 1995. juvenile the criminal the event

Pursuant a to Section 6109 background check indicates delinquency from the gun license must be obtained a conviction for a misdemeanor that the county applicant in the sheriff where Pennsylvania Police cannot deter- In determining resides. whether to issue to an act of mine is or is not related license, the sher- directs violence, Pennsylvania domestic iff, as follows: temporary de- State Police shall issue approval During or transfer. lay

The sheriff to whom the is temporary delay, Pennsylvania investigate made shall convictions, conduct a review or record of criminal State Police shall applicant investigation of the conviction vestigate whether or not the courts, person property, or has police departments, injury district to his local attorneys carrying and other law enforcement or proper other reason to de- person related institutions as and that he is a suitable termine whether or not the misdemean- to be so licensed. or conviction involved an act of domestic (1988) (as amended 18 Pa.C.S. violence. term from one changing the license 6111(b)(7). addition to years). This of Section to five version 6111(b)(7) specific direction in Section authority to the clearly provides no investigate gun appli- whether a license pur- PSP to cant has a conviction based on an act version, our court Gardner suant to this violence, charged of domestic Jenkins, 107, 641 A.2d 116 Pa.Cmwlth. general duty 6111.1 with the ruled that appropriately potential pur- “if determine and investigatory powers to “the sheriff has prohibited chaser or transferee is gun both need and fitness” of a determine receipt possession under applicant.6 license ...” Federal or State law was In December of 6111.1(b)(l)(i) (iii).5 substantially amended to include the re- the 1996 amendments to Sec- Prior to a more quirement that the sheriff conduct 6111, gun 6109 and the issuance of a tions absolutely and to investigation extensive complicated license was a less affair left certain prohibit the issuance of a license to entirely to the sheriffs discretion. From amendments, persons. After the 1988 until authorized 6109(d) to in- directed the sheriff license, gun

the to a as fol- sheriff issue vestigate applicant’s background, the lows: follows: (a) Issue of license.—The chief or head (d) investigation.— to conduct Sheriff any police police department of or application The sheriff to whom the is elsewhere, city, of a the sheriff of applicant’s investigate made shall upon county, may, of convictions, shall in- record of criminal person, person to such to issue a license applicant or not the vestigate whether firearm in a or concealed carry a vehicle under indictment for or has ever been person on within this Com- or about by punishable of a crime im- convicted years monwealth for not more than five prisonment year, one shall issue, exceeding appears of if it that the from date charac- vestigate whether the applicant good has reason to fear Federal or State duty session of a firearm under 5. The of the PSP is described in Section law; 6111.1 as follows: (b) Duty Pennsylvania State Police.— (iii) making inqui- the licensee inform (1) Upon receipt request of a for a crimi- ry either: delinquency history history, juvenile nal (A) potential purchase or trans- that the po- and mental health record check of the prohibited; fer is transferee, purchaser Pennsyl- tential (B) unique provide the licensee with a immediately during vania State Police shall approval number. call forth- the licensee’s call or return 6111.1(b). 18 Pa.C.S. with: (i) and Commonwealth v. Pennsylvania State Police 6. Gardner Jenkins review the Butler, Pa.Super. fingerprint 150 A.2d history and records to criminal (1959), superceded by current potential purchaser have been if the determine legislative receipt pos- scheme. prohibited from transferee present regulatory reputation such that Under ter and are scheme, however, applicant likely longer -will not be to act the sheriff no safety dangerous public investigation manner to into the conducts the sole gun appli whether license background criminal precluded receiving Rather, would be a li- upon cant. the UFA conferred (e)(1). cense under subsection authority duty to the PSP the misde determine whether McPherson’s (1990). pro- this While involved acts of domes meanor conviction greater called for a investigation vision it finding tic violence after did applicant, investigation did not call acts, presence report involve such part involvement on the gun disability under 18 U.S.C. federal particular, In PSP. this version of Section Nevertheless, § 922(g)(9). sheriff, does not direct the as the had au contends that even such does, proce- current version to follow the it his conviction thority, reporting erred report dures from the PSP a misde 2000 for conduct as that are now set forth in Section 6111. meanor of domestic violence. Indeed, crime prior being entirely rewritten accuracy of the challenge PSP’s call, Section 6111 did not as it does now, report of McPherson’s for an instantaneous records check information, the burden record PSP bears the PSP to the sale or transfer of a 6111.1, accuracy the record.8 In prove firearm7 detailing and Section prevail challenge, order to in McPherson’s duties of the PSP to determine and had to that its under federal and state the PSP show law, yet pursuant had not been enacted. conviction to Section seller, duly provided: duplicate, 7. Prior to business of the the seller, shall, signed by within seven the Sale of firearms him, address, days, be sent with his (a) delivery. Time and manner of —No Pennsylvania State the Commissioner of the purchas- seller shall deliver firearm to the Police, triplicate shall retain for six the he elapsed er thereof until 48 hours shall have prop- years, quadruplicate with the from the time of the the shall, signature address of the seller er and thereof, delivered, purchase and when said application, after such within six hours securely wrapped firearm shall be and shall by registered or certified mail to forwarded be unloaded. police or the chief or head of the force (b) signed by purchas- Statement to be police department city to the sher- applying pur- er.—At the time of for the buyer county of which the iff of the purchaser sign chase of a resident. quadruplicate and deliver to the seller a (c)Exemption. shall not section —This name, address, containing statement his full apply at to sales wholesale. color, birth, occupation, place the date of (1988). 18 Pa.C.S. 6111 caliber, application, length and hour of barrel, make, model, and manufacturer’s of informing 8. The notice mailed to McPherson purchased, number of the firearm to be and right dispute accuracy of him of his a statement that he has never been convict- report states that while McPherson’s PSP’s Commonwealth, elsewhere, 6111.1(e) ed in this of appeal is based on shall, 6111.1(e), applicable a crime of violence. The seller within sign application, procedures six hours after such are those estab- administrative regis- History attach his address and forward 9152 of Criminal lished under Section (CHRIA), copy tered or certified mail one of such Act Record Information thereto, police the PSP bears the to the chief or head of the Pursuant statement accuracy department city, of the informa- police burden to show the force or § 195.5. place reported. See also 37 Pa.Code county the sheriff of the 6111(b)(7) necessary that McPherson ute to determine the elements demonstrated predicate qualify crime of for a state crime to as a was convicted of a “misdemeanor Next, the court must examine domestic violence.” Under Section offense.11 Act, Control a “mis- state conviction at issue to determine Gun is an demeanor crime of domestic violence” whether it contains those ele element, “has, does, the use or offense as If it the federal statute is ments. attempted physical not, ... com- use triggered; it does the federal stat former against mitted a current apply. regard, In this ute does not 921(a)(33). spouse....” In categorical proper analysis is “a formal case, present undisputed it is approach, looking only statutory phys- conviction is on a McPherson’s based offenses, prior and not to definitions Thus, the ical altercation with his wife. particular underlying facts those con relationship requisite status between 600, 110 at victions.” Id. S.Ct. 2143. McPherson and victim is established.9 argument

The real crux McPherson’s Nonetheless, statutory where the particular provision on the focuses definition of the offense describes Pennsylvania’s disorderly conduct statute required both conduct which includes the pled guilty to which McPherson may elements and conduct which does or whether the conduct for which he was not, documents in the court look to charged encompasses record to determine wheth state court force. necessarily encompassed er the conviction explained: the court them. As States, Taylor v. United example, burglary in a whose 110 S.Ct. 109 L.Ed.2d 607 U.S. entry include of an automobile statutes progeny, and its the federal courts building, well if the indictment or analytical have constructed an framework jury show particular state information and instructions determining whether charged only predicate conviction suffices as a offense the defendant was burglary building, of a and that the under a federal statute like the Gun Con jury necessarily entry had to find an Taylor approach, Act.10 trol Under convict, then building court must examine the federal stat- to the Government first applies any provisions of Eighth Circuit noted in United States to federal statute the 9. As the Smith, Cir.1999), (8th "In triggered by predicate v. 171 F.3d 617 which are conviction recognizing that domestic violence-related specifically It has offenses under state law. are not crimes often involve crimes which applied involving pros- been in cases necessarily designated, Congress so evinced Act. See ecutions under the Gun Control predicate offense need not its intent that the Nason, 269 See also United States v. Smith. relationship as an ele- contain a domestic Cir.2001); (1st Meade. F.3d 10 Thus, proof requires [the GCA] ment. while relationship, requires the of a domestic it Taylor, may been the most 11.In have only predicate one ele- misdemeanor to have case, aspect as court troublesome attempted physical ment: the use or Congress had to determine whether intended States v. force ...” Id. at 620. Accord United "burglary” term to mean the undefined Meade, (1st Cir.1999). 175 F.3d designated burglary under state law' crime or, instead, generic burglary some offense of Taylor sentencing dealt with the enhance- 10. Here, (the would be the same in all states. which provisions I Career ment of subtitle however, 1986) specifically federal statute enu- Act of Criminals Amendment be included the elements which must merates Anti-Drug Act of Abuse 924(e), predicate Taylor paradigm logically in the offense. but the count, 18 Pa. charging violating him with should allowed to use the conviction 5503(1), after the Commonwealth for enhancement. C.S. misde- grade agreed to reduce Thus, 602, 110 Id. at S.Ct. 2143. United and the re- 2 to misdemeanor 3 meanor (8th Smith, v. 171 F.3d 617 Cir. States A prossed. per- maining counts were nol 1999), complaint because the state court under conduct guilty son is mother of grabbed [the recited that Smith 5503(a)(1) “if, with intent to throat, push “by and did also child] inconvenience, annoyance or public cause her down” the federal court determined alarm, there- por recklessly creating that a risk that Smith had been convicted of of, in fighting tion of the Iowa assault statute which or threaten- engages he: attempted of force volved the use use behav- ing, or violent or tumultuous meaning within the Control Gun Undoubtedly, “fighting” and ior....” both Act. Id. at 621. See also United States behavior” include as “violent (8th Cir.1998). 138 F.3d Einfeldt, physi- use element F.3d 56 Shepard, United States v. assume, cal force. Even we were (1st Cir.2000), beyond the court went “tumul- “threatening” arguendo, evi charging documents to “reliable may physical not involve tuous behavior” the state court [in record] dence three, force, count to which permit would federal to con [the court] push that he “did pled guilty, charged guilty plea clude that the defendant’s to a ground.” McPherson to the shove Susan prior offense constituted an admission” to conclu- clearly supports This evidence required predicate the elements crime. pled por- to a guilty sion that McPherson however, emphasized, Id. at 68. The court the use tion of the statute which includes Taylor, court in had the that the court force as an element. inquire into the actual conduct court, appeal to this After McPherson’s provoked which the state court criminal reversal opinion urging issued an ALJ Rather, place. charges the first opined: of his order. He only determining court concerned with guilty plea whether the an ad constituted order, review of that After further [or mission to whether a conviction was a opinion, have filing [I] of this portion conviction of the state for] decision appropriate determined that the necessary predi statute which includes the ruling been to sustain the should have 68-70, citing Taylor, cate elements. Id. at (Petitioner). The order that the PSP 601-02, 110 at U.S. S.Ct. originally entered failed consider was Thus to determine whether McPherson’s guilty plea of [McPherson] pred- misdemeanor conviction constitutes a application of the GCA and UFA purposes Federal icate offense for plea. surrounding that circumstances gun disability imposed by 18 U.S.C. the reasons stated op. at 8. For ALJ § first look to the statu- 922(g)(9),we must above, his conclusion agree we to tory definition of the offense which which charge conduct the hearing At pled guilty. the plea involved guilty McPherson entered ALJ, a cer- the PSP submitted before the reported properly the behavior that complaint charg- of the criminal copy tified vio- crime of domestic as a misdemeanor McPherson with five counts—two ing definition. under the federal lence assault, simple two counts of counts of in his urged the ALJ Accordingly, as count of disorderly conduct and one directing his order opinion, we reverse pled guilty He to the third harassment. (PSP)] history that the the criminal PSP amend cannot determine is [ violence, related to an act of domestic record. temporary delay [PSP] shall issue approval purchase of the or trans ORDER During temporary delay, fer. NOW, day September, AND this 8th shall conduct a review or investi [PSP] 2003, the order of the Administrative Law courts, gation of the conviction with local Judge Attorney for the Office of the Gen- police departments, attorneys district captioned eral in the above matter is here- and other law enforcement or related by REVERSED. institutions as to determine or not the misdemeanor convic whether BY DISSENTING OPINION Senior tion involved an act of domestic violence. Judge KELLEY. The shall conduct the review or [PSP] respectfully I dissent. expeditiously possi No ble. firearm be transferred 6109(d) Section Fire- Uniform purchaser the dealer to the is the who (UFA) Act in provides, pertinent arms subject investigation during part: temporary delay. The shall noti [PSP] (d) investigation.— Sheriff to conduct fy the dealer of the termination of the application The sheriff whom the temporary delay deny and either applicant’s made shall investigate the provide unique approval sale or record of criminal ... convictions (4). paragraph number under background shall conduct a criminal ... 6111(b)(7). 18 Pa.C.S. procedures following check set forth Thus, when an is submitted in (relating section 6111 to firearm own- sheriff, plain language to a of Section ership). empowers the : specifically sheriff 6109(d). (1) record of turn, 6111(b)(7) In the UFA (2) convictions; criminal to conduct the provides, pertinent part: background check outlined (7) purposes of the enforcement of UFA; and, therefore, to deter- 922(g)(9) [Section Federal Gun whether or not these convictions mine (GCA)1], in Control Act the event the preclude background ... check pursuant license to a firearm to Sec-

indicates a conviction for a misdemeanor 922(g)(9) Majority’s GCA.2 contrary renders the ex- Pennsylvania State Police conclusion to the 922(g)(9). 922(g)(9) 1. 18 U.S.C. force ... committed spouse provides, pertinent part, current former ...” shall be ”[i]t 921(a)(33)(A). any person ... unlawful for who has been any convicted in court of a misdemeanor violence, See, 416, Nace, possess e.g., crime of domestic to ... Smith v. 824 A.2d commerce, ("[A] (Pa.Cmwlth.2003) affecting ammu- review of Gardner [v. firearm or nition; Jenkins, or ammuni- 116 Pa.Cmwlth. 541 A.2d or to receive denied, appeal shipped transported petition allowance tion which has been turn, (1988)] foreign Pa. 554 A.2d 511 and Tsokas [v. interstate or commerce.” Review, Inspections "misdemeanor Board Licenses and defines violence”, (Pa.Cmwlth.2001)] pertinent A.2d 1197 discloses that it crime of domestic in (i) part, the fitness as that ... is a misde- is for the sheriff to determine "[a]n offense law; carry weapons. Each case is meanor under Federal or State and ... individual to (ii) has, element, own facts and no fixed as an decided on its there is My ...”5 review of the ing mean- therefrom plicit provisions of Section reveals that in this case tenets certified record derogation of the basic ingless, record, history criminal McPherson’s construction.3 statutory in its central re- by the PSP maintained explicit provisions on the Based information addition pository, contains it for the firmly I believe that was Specifically, items. foregoing to the County, Bucks and the Sheriff Sheriff of also history criminal record McPherson’s alone, to conduct the into purport- to the relating contains a notation rec- background McPherson’s and criminal involving “misdemean- ed federal ord, or not there and to determine whether under Sec- crime of domestic violence” precludes statutory disability was a which of the GCA. See Appendix G 922(g)(9) only possessing him from a firearm. As the ALJ’s or- of the certified record. played that the in this role properly directs the PSP der this case crimi- process was to forward McPherson’s from McPher- to remove this information history nal record maintained the PSP’s record, ap- history notify son’s criminal repository, as defined in the Sec- central correction, and to plicable agencies of this History Record tion 9102 of the Criminal history criminal record furnish corrected (CHRIA)4, Information Act to the Sheriff McPherson, be order should the ALJ’s for his consideration. affirmed provisions Pursuant Majority, I Accordingly, unlike the CHRIA, history McPherson’s criminal rec- in this case. the ALJ’s order would affirm repository ord the PSP’s central should only descrip- of all “[i]dentifiable consist

tions, arrests, dates and notations of

dictments, informations or other formal charges any dispositions

criminal and aris- Gardner, Section 9102 defines A.2d 4. 18 Pa.C.S. rule to determine fitness. Clearly legislature repository” at 409. intended to central location "[t]he "Central collection, upon police sher confer discretion chiefs or compilation, maintenance for the to determine whether an should iffs history of criminal record and dissemination licensed, applies principle and this turn, by the [PSP].” information good equal to a cause determination of infor- "criminal record 9102 defines granted under for the revocation of a license by crimi- collected "[information mation” as Tsokas, 1202.”). 777 A.2d at [UFA].’ individuals, concerning justice agencies nal arising the initiation of a criminal and from 3. See, e.g., Galloway Compensation v. Workers' descrip- consisting proceeding, of identifiable Police), (Pennsylvania Appeal Board arrests, tions, indict- notations of dates and ("[W]hen (Pa.Cmwlth.2000) A.2d ments, criminal or other formal informations statute, interpreting a a court must ascertain arising dispositions there- charges and legislature and and effectuate the intent of the from ...” provision give full effect to each of the statute possible. at all Where the words above, of the CHRIA noted 5. As ambiguity the statute are clear and free from history record information” defines "criminal gleaned those legislative intent is to be justice criminal collected "[^Information Further, construing very one words. when individuals, arising concerning agencies statute, courts must read that section of proceeding, of a criminal from the initiation to, itself, reference but with section descriptions, dates consisting of, because light the other sections and in of identifiable indictments, arrests, and notations drafting presumption that in there is a infor- charges other statute, mations or Assembly intended the General formal arising effective.”) (citations any dispositions omit ...” entire statute to be therefrom added). (emphasis ted). 18 Pa.C.S. 9102

Case Details

Case Name: Pennsylvania State Police v. McPherson

Court Name: Commonwealth Court of Pennsylvania

Date Published: Sep 8, 2003

Citation: 831 A.2d 800

Court Abbreviation: Pa. Commw. Ct.