In Re Grand Jury Subpoena to Koll

Superior Court of Pennsylvania

In Re Grand Jury Subpoena to Koll

457 A.2d 570, 311 Pa. Super. 212, 1983 Pa. Super. LEXIS 2700

CourtSuperior Court of Pennsylvania

DecidedMarch 11, 1983

Docket2735

StatusPublished

Cited by16 cases

This text of 457 A.2d 570 (In Re Grand Jury Subpoena to Koll) is published on Counsel Stack Legal Research, covering Superior 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 Grand Jury Subpoena to Koll, 457 A.2d 570, 311 Pa. Super. 212, 1983 Pa. Super. LEXIS 2700 (Pa. Ct. App. 1983).

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Opinion

PER CURIAM:

We quash this appeal challenging a lower court order denying appellant’s petition to quash a subpoena, finding him in contempt of court, and reissuing a bench warrant ordering him to appear before a grand jury. Unless properly certified, which was not done here, see Pa.R. A.P. 312, an order denying a request to quash a subpoena is interlocutory, and hence, unripe for appeal. Carabello Appeal, 238 Pa. Superior Ct. 479, 357 A.2d 628 (1976). A finding of contempt is not appealable until sentence has been imposed. Commonwealth v. Ravert, 286 Pa. Superior Ct. 46, 428 A.2d 231 (1981) (noting exceptions for double jeopardy and exceptional circumstances that are not applicable here). See Hester v. Bagnato, 292 Pa. Superior Ct. 322, 437 A.2d 66 (1981). The refusal to revoke the bench warrant and the order reissuing it are likewise interlocutory. Pa.R.A.P. 311; Carabello Appeal, supra. Accordingly, we quash this appeal.

Appeal quashed.

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PER CURIAM:

We quash this appeal challenging a lower court order denying appellant’s petition to quash a subpoena, finding him in contempt of court, and reissuing a bench warrant ordering him to appear before a grand jury. Unless properly certified, which was not done here, see Pa.R. A.P. 312, an order denying a request to quash a subpoena is interlocutory, and hence, unripe for appeal. Carabello Appeal, 238 Pa. Superior Ct. 479, 357 A.2d 628 (1976). A finding of contempt is not appealable until sentence has been imposed. Commonwealth v. Ravert, 286 Pa. Superior Ct. 46, 428 A.2d 231 (1981) (noting exceptions for double jeopardy and exceptional circumstances that are not applicable here). See Hester v. Bagnato, 292 Pa. Superior Ct. 322, 437 A.2d 66 (1981). The refusal to revoke the bench warrant and the order reissuing it are likewise interlocutory. Pa.R.A.P. 311; Carabello Appeal, supra. Accordingly, we quash this appeal.

Appeal quashed.

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457 A.2d 570, 311 Pa. Super. 212, 1983 Pa. Super. LEXIS 2700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grand-jury-subpoena-to-koll-pasuperct-1983.

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