In Re: Vencil, N. Petition of: PA State Police

128 A.3d 1183, 634 Pa. 1, 2015 Pa. LEXIS 2925, 2015 WL 9261241

• Court: Supreme Court of Pennsylvania
• Decided: December 16, 2015
• Docket: 629 MAL 2015 (Granted)
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 16th day of December, 2015, the Petition for Allowance of Appeal is GRANTED. The issues are:

(1) Did the Superior Court err when it held that the standard of proof to be employed by the trial court in a sufficiency review hearing for a Section 302 involuntary commitment is clear and convincing evidence in light of the existing case law, and the exigent nature of Section 302 commitments?

(2) Did the Superior Court err when it held that a petitioner who challenges the sufficiency of the evidence of a Section 302 involuntary commitment was entitled to a de novo review by the trial court pursuant to 18 Pa.C.S. § 6111.1(g)(2)?

The Application for Leave to File Post-Submission Communication is DENIED.