Commonwealth v. Buonopane

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that there is a “long-established rule that recognizes the virtually impossible burden placed upon a party required to prove a negative” (internal quotation omitted)
• “... interference with the prosecutor’s discretionary functions, absent a threshold showing of a valid claim of purposeful abuse, violates the constitutional principle of separation of powers.”
• absent a finding of bad faith, the separation of powers doctrine requires courts to refrain from reviewing a prosecutor’s discretionary acts
• “[A] virtually impossible burden [is] placed upon a party required to prove a negative.” (quoting Commonwealth v. DeHart, 516 A.2d 656, 668 (Pa. 83 1986))
• trial court has no authority to review prosecutor’s alleged aggravating factors pre-trial
• trial court has no authority to review prosecutor’s alleged aggravating factors pre-trial

Source: CourtListener parenthetical corpus (CC0).