Commonwealth v. Humphrey, J. - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. JQUAN HUMPHREY, Petitioner COMMONWEALTH OF PENNSYLVANIA, Respondent v. JQUAN HUMPHREY, Petitioner : No. 252 MAL 2021 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : : No. 253 MAL 2021 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 10th day of November, 2021, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are: (1) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403, even though this penal statute provides for the dismissal of charges against an individual when a trial court feels continued prosecution would be unjust? (2) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403 where the [t]rial [c]ourt had before it significant information accumulated over nine months expended on these matters, and where the [t]rial [c]ourt found that, due to Petitioner’s severe incompetence and passage of time, it would already be unjust to ever resume prosecution? (3) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403 instead of ordering another competency evaluation, despite the fact that Petitioner had not undergone any competency restoration services and that the [t]rial [c]ourt had already found that it would be unjust for Petitioner to be prosecuted in the future? [252 MAL 2021 and 253 MAL 2021] - 2
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