Commonwealth v. Redanauer, R.
This text of Commonwealth v. Redanauer, R. (Commonwealth v. Redanauer, R.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 30 EAL 2024 : Petitioner : : Petition for Allowance of Appeal : from the Published Opinion and v. : Order of the Superior Court at No. : 1631 EDA 2021, at 307 A.3d 767 : (Pa. Super. 2023) entered on ROBERT REDANAUER, : December 28, 2023, quashing the : Order of the Philadelphia County Respondent : Court of Common Pleas at Nos. : MC-51-CR-0007444-2021 and MC- : 51-CR-0007445-2021 entered on : July 15, 2021
COMMONWEALTH OF PENNSYLVANIA, : No. 31 EAL 2024 : Petitioner : : Petition for Allowance of Appeal : from the Published Opinion and v. : Order of the Superior Court at No. : 1632 EDA 2021, at 307 A.3d 767 : (Pa. Super. 2023) entered on ROBERT REDANAUER, : December 28, 2023, quashing the : Order of the Philadelphia County Respondent : Court of Common Pleas at Nos. : MC-51-CR-0007444-2021 and MC- : 51-CR-0007445-2021 entered on : July 15, 2021
ORDER
PER CURIAM
AND NOW, this 1st day of July, 2024, we GRANT the Petition for Allowance of
Appeal, REVERSE the decision of the Superior Court quashing the Commonwealth’s
appeal, and REMAND to the Superior Court with instructions to remand to the Court of Common Pleas to determine whether the Commonwealth established a prima facie case
on MC-51-CR-0007445-2021. See N.T. 7/15/2021 at 9 (“We are at a preliminary
hearing.”); Commonwealth v. Hetherington, 331 A.2d 205, 208 (Pa. 1975) (“[a] finding . .
. that the Commonwealth has failed to establish a prima facie case is not a final
determination, such as an acquittal, and only entitles the accused to his liberty for the
present, leaving him subject to rearrest”); Commonwealth v. Bronson, 393 A.2d 453, 454
(Pa. 1978) (“claim of double jeopardy must fail if . . . jeopardy never attached”).
Justice McCaffery did not participate in the consideration or decision of this matter.
[30 EAL 2024 and 31 EAL 2024] - 2
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