In Re Bucks County Investigating Grand Jury

862 A.2d 581, 580 Pa. 547, 2004 Pa. LEXIS 2771

Opinions

ORDER

PER CURIAM.

AND NOW, this 12th day of November 2004, upon consideration of the Emergency Application for Reconsideration of the Order Affirming the Order of the Supervising Judge of the Bucks County Investigating Grand Jury and the Brief in Opposition to the Emergency Application for Reconsideration, it is hereby ordered that the Emergency Application for Reconsideration is GRANTED and upon reconsideration of the Emergency Application for Review, the Response to Emergency Application for Review and the briefs submitted in support thereof, it is hereby ordered that the Emergency Application for Review is GRANTED, and the matter is remanded for supplementation of the record and determination of the following issues by the trial court: (1) whether Bucks County has had a de facto permanent grand jury; (2) whether the Application for summoning the grand jury and the Notice of Submission were legally adequate pursuant to In re: Investigating Grand Jury of Philadelphia County (Appeal of Washington) 490 Pa.31, 415 A.2d 17 (1980); (3) whether there is a reasonable possibility that Petitioners engaged in the criminal activity of placing child pornography on the Internet; (4) whether there is factual support for Petitioners’ contention of cooperation; and (5) whether the mere submission of the investigation to the grand jury violates the free speech provisions of the United States and Pennsylvania Constitutions.

Justice CASTILLE files a Dissenting Statement. Justice SAYLOR and Justice EAKIN would deny reconsideration per the considerations set forth in Rule of Appellate Procedure 2543.