In re: The Twenty-Fourth Statewide Inv. Grand Jury, Pet. of Lancaster Newspapers, Inc. (Concurring Statement)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: THE TWENTY-FOURTH STATEWIDE INVESTIGATING GRAND JURY PETITION OF: LANCASTER NEWSPAPERS, INC. : Nos. 39 MM 2006 & 23 MAP 2006 : : Petition for Review and Emergency : Application for Stay Pending Appeal : : : : CONCURRING STATEMENT MR. JUSTICE SAYLOR FILED: March 8, 2006 I join the per curiam Order of the Court as I agree that the challenged orders are interlocutory and are not presently subject to appellate review either as collateral orders (because they are not truly collateral to the ongoing grand jury proceedings) or via a permissive appeal (as I do not believe that the supervising judge abused his discretion in denying certification under Rule of Appellate Procedure 3331(5)). I write only to note that I joined this Court s Order granting a temporary stay in light of the supervising judge s unfulfilled commitment to effectuate a stay pending appeal if Lancaster Newspapers, Inc., complied with two conditions that the newspaper, in fact, met. Since this Court s temporary stay has now served the purpose of fulfilling this expressed commitment to maintain the status quo pending our review, I also agree that it appropriately may now be dissolved.

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