1989) (√ frivolous claim is a claim clearly and palpably without merit it is a claim which presents no debatable question.). The judge should expressly cite on-point controlling case law that would make the claim frivolous. Subdivision (b)(4) requires the judge to make a specific finding whether the motion is being dismissed as frivolous. See Rule 115 for the procedures for the recording and transcribing of the hearing. Hearing, as used in subdivision (b)(2) includes the taking of testimony, or the hearing of argument, or both. See the Comment to Rule 502 (Instituting Proceedings in Court Cases). In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, a dismissal of the prosecution pursuant to subdivision (a)(1) would include the dismissal of the summary offense. 1901 concerning termination of inactive cases.Ī motion filed pursuant to this rule must comply with the provisions of Rule 575 (Motions and Answers) and Rule 576 (Filing and Service by Parties). (6) If the judge denies the motion but does not find it frivolous, the judge shall advise the defendant on the record that the denial is immediately appealable as a collateral order.Ĭf. 1311(a)(3) within 30 days of the order denying the motion.
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(5) If the judge makes a finding that the motion is frivolous, the judge shall advise the defendant on the record that a defendant has a right to file a petition for review of that determination pursuant to Pa.R.A.P.
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(4) In a case in which the judge denies the motion, the findings of fact shall include a specific finding as to frivolousness. (3) At the conclusion of the hearing, the judge shall enter on the record a statement of findings of fact and conclusions of law and shall issue an order granting or denying the motion. The hearing shall be conducted on the record in open court. (2) A hearing on the motion shall be scheduled in accordance with Rule 577 (Procedures Following Filing of Motion). (1) A motion to dismiss on double jeopardy grounds shall state specifically and with particularity the basis for the claim of double jeopardy and the facts that support the claim. (2) The attorney for the Commonwealth shall be afforded an opportunity to respond. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice. Your use of this site does not create an attorney-client relationship with us, and we ask that you not send us any confidential information, by email or otherwise, without first obtaining the consent of one of our attorneys.234 Pa. Our publications' mailing or digital distribution is not intended to create, and receipt of them does not constitute an attorney-client relationship. Please use the "Contact Us" form on this website to request reprint permission for any of our publications. Lamont may not be quoted or referred to without our prior written consent. Publications from the Law Offices of Peter J. Nothing on our website should be construed as legal advice for any specific situation or circumstance. Lamont, is not legal advice and is intended for general information. The material on this site, including publications from the Law Offices of Peter J. Lamont for the convenience of visitors to our site.
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