· 3/26/2009
In Re Private Criminal Complaints of Rafferty
Citations
- 969 A.2d 578
- 2009 Pa. Super. 53
- 2009 Pa. Super. LEXIS 58
- 2009 WL 782992
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that this Court has consistently held that a determination that a case lacks prosecutorial merit is a policy determination
- reaffirming that a trial court’s standard of review when reviewing a district attorney’s decision to disapprove a private criminal complaint on wholly policy considerations, or on a hybrid of legal and policy considerations, is an abuse of discretion
- a court may only interfere with exercise of prosecutorial discretion where the prosecutor’s decision is “patently discriminatory, arbitrary[,] or pretextual”
- complainant supplied with letter specifically denying the private criminal complaint with an explanation of the denial
Source: CourtListener parenthetical corpus (CC0).
Judges: Stevens, Klein, Kelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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