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990 A.2d 724

Commonwealth v. Hart

Supreme Court of Pennsylvania

Decided March 12, 2010

Supreme Court of Pennsylvania · decided 2010-03-12

Cited by 4 later decisions — most recently September 2011

4 state decisions

Key passage — most relied on by later courts

“Whether a person who offers a child a ride without previously obtaining the permission of a parent of the child, but who otherwise lacks criminal intent to harm the child, may be convicted of luring a child into a motor vehicle under 18 Pa.C.S.A. § 2910?”

quoted by 1 later decision, including Commonwealth v. Hart

Relies on 431 Pa. Super. 529 - Commonwealth v. Adamo · 436 Pa. Super. 569 - Commonwealth v. Figueroa

Good law ✅— No negative treatment on recordhow we know

Decided 2010-03-12

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¶1 ORDER

PER CURIAM.

¶2 AND NOW, this 12th day of March 2010, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Whether a person who offers a child a ride without previously obtaining the permission of a parent of the child, but who otherwise lacks criminal intent to harm the child, may be convicted of luring a child into a motor vehicle under 18 Pa.C.S.A. § 2910?

¶3 IT IS FURTHER ORDERED that this matter is REMANDED to the Court of Common Pleas of Delaware County solely for the trial court to appoint counsel for Petitioner to represent him in this appeal if he desires such representation. In their briefs, the parties are to specifically address the applicability of the Superior Court decisions in Commonwealth v. Adamo, 431 Pa.Super. 529, 637 A.2d 302 (1994) and Commonwealth v. Figueroa, 436 Pa.Super. 569, 648 A.2d 555 (1994). Jurisdiction is retained.

Justice ORIE MELVIN did not participate in the consideration or decision of this matter.
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