J-S23020-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
v. :
:
ROBERT J. BOOTH, JR. : No. 1773 EDA 2016
Appeal from the Order May 25, 2016
in the Court of Common Pleas of Philadelphia County,
Criminal Division, No(s): CP-51-CR-0005705-2015
BEFORE: OLSON, SOLANO and MUSMANNO, JJ.
CONCURRING STATEMENT BY MUSMANNO, J.: FILED JULY 07, 2017
I agree with the Majority’s conclusion that the first prong of the test
for a due process claim was satisfied “as the delay caused Appellee
prejudice[.]” Slip Opinion at 6. Further, I am constrained to agree with the
Majority that the second prong was not met, as the delay in filing charges
was “through no fault of the Commonwealth.” Trial Court Opinion, 8/30/16,
at 5. Thus, Appellee’s due process claim must fail under the law as it
presently exists.
Thus, while I reluctantly agree with the result reached by the Majority,
I am troubled by its impact. The prejudice caused to Appellee by a 23-year
delay, with no explanation as to the reason for the delay, when coupled with
charges that span a three-year period, violates the notion of fundamental
fairness essential to due process.
Judge Olson joins this concurring statement.