In re Biester

Supreme Court of Pennsylvania

In re Biester

409 A.2d 853, 487 Pa. 446, 1979 Pa. LEXIS 810

CourtSupreme Court of Pennsylvania

DecidedDecember 26, 1979

DocketPetition No. 91 E.D.Misc.Dkt. 1979

StatusPublished

Cited by1 cases

This text of 409 A.2d 853 (In re Biester) 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.

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In re Biester, 409 A.2d 853, 487 Pa. 446, 1979 Pa. LEXIS 810 (Pa. 1979).

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OPINION

PER CURIAM.

Petitioner seeks the discharge of the multi-county investigating grand jury, alleging improper investigative activity. The supervising court of such a grand jury has the initial authority to consider such a petition, see Section 6(c) of the Investigating Grand Jury Act, Act of November 22, 1978, P.L. 1148, 19 P.S. § 270 (Supp.1979-80); such petitions, presenting any challenge, should initially be presented to that court for consideration. We therefore transfer the petition to the supervising court.

Accordingly, that portion of our order of November 26, 1979, directed to the members of the grand jury, individually and collectively, and those in charge thereof or assisting in any way in the conduct of any proceedings before the jury, is vacated.

LARSEN, J., filed a dissenting statement in which FLAH-ERTY, J., joins.

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OPINION

PER CURIAM.

Petitioner seeks the discharge of the multi-county investigating grand jury, alleging improper investigative activity. The supervising court of such a grand jury has the initial authority to consider such a petition, see Section 6(c) of the Investigating Grand Jury Act, Act of November 22, 1978, P.L. 1148, 19 P.S. § 270 (Supp.1979-80); such petitions, presenting any challenge, should initially be presented to that court for consideration. We therefore transfer the petition to the supervising court.

Accordingly, that portion of our order of November 26, 1979, directed to the members of the grand jury, individually and collectively, and those in charge thereof or assisting in any way in the conduct of any proceedings before the jury, is vacated.

LARSEN, J., filed a dissenting statement in which FLAH-ERTY, J., joins.

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409 A.2d 853, 487 Pa. 446, 1979 Pa. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-biester-pa-1979.

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