Commonwealth v. Ray

Superior Court of Pennsylvania

Decided April 22, 1976

Superior Court of Pennsylvania · decided 1976-04-22

Relies on Commonwealth v. Shelton

Good law ✅— No negative treatment on recordhow we know

Decided 1976-04-22

How this case has been cited

Cited by 86 later decisions — most recently December 1990 · most notably 331 Pa. Super. 84 - Commonwealth v. Bulling (1984), 257 Pa. Super. 535 - Commonwealth v. Antonuccio (1978)

86 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Concurring and Dissenting Opinion by

Van der Voort, J.:

¶2I concur in the order for reversal, but solely for the reason that the Commonwealth failed to comply with the *37requirements of Rule 1100 in the filing of its Petition for Extension after the expiration of the 180 days set forth in that Rule. I cannot however join the thoughts of the majority regarding the element of judicially charged delays and the application of Rule 1100. My thoughts regarding this subject are fully set forth in my Concurring and Dissenting Opinion in Commonwealth v. Shelton, 239 Pa. Superior Ct. 195, 208, 361 A.2d 873 (1976). Moreover, in view of the Commonwealth’s impermissible delay in seeking an extension in the instant case, I believe it is inappropriate to reach the issue of alleged delay occasioned by operations or misfunctions chargeable to the Court.

Watkins, P.J., and Jacobs, J., join in this concurring and dissenting opinion.