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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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