For the Defense - Vol. 3, Issue 2 - 2018 - 24
Amicus Matters
Barbara Zemlock
"...the appeal is DISMISSED as having been improvidently granted."
T
his dreaded per curiam order from the
Pennsylvania Supreme Court has caused
much disappointment for even the most
experienced appellate practitioners. After
ostensibly overcoming a significant hurdle and
securing review by the Supreme Court, both
counsel and client have the hope that the Court
will right a wrong and reverse a conviction
that was somehow flawed. Receipt of the
"improvidently granted" per curiam order,
however, quashes those hopes. Inevitably, counsel
commiserates with the client and colleagues
about what possibly could have prompted the
Court to enter such an order. Indeed, in many (if
not most) instances, the matter was fully briefed
24
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l
Vol. 3, Issue 2
and argued by the parties prior to the issuance
of the order.
Since we rarely learn the reasons why a
per curiam order dismissing the appeal as
"improvidently granted" was issued, it is worth
noting when a Supreme Court Justice provides an
invaluable insight into this process. On February
21, 2018, the Supreme Court issued such an order
in Commw. v. J. Brown, 10 EAP 2017, Commw.
v. R. Brown, 11 EAP 2017, and Commw. v. Bond,
12 EAP 2017. Justice Dougherty, however, also
issued a Concurring Statement through which
he provided insight as to why he agreed to
join the per curiam order. This order dismissed
as improvidently granted a Commonwealth
Table of Contents for the Digital Edition of For the Defense - Vol. 3, Issue 2 - 2018
Contents
For the Defense - Vol. 3, Issue 2 - 2018 - 1
For the Defense - Vol. 3, Issue 2 - 2018 - 2
For the Defense - Vol. 3, Issue 2 - 2018 - Contents
For the Defense - Vol. 3, Issue 2 - 2018 - 4
For the Defense - Vol. 3, Issue 2 - 2018 - 5
For the Defense - Vol. 3, Issue 2 - 2018 - 6
For the Defense - Vol. 3, Issue 2 - 2018 - 7
For the Defense - Vol. 3, Issue 2 - 2018 - 8
For the Defense - Vol. 3, Issue 2 - 2018 - 9
For the Defense - Vol. 3, Issue 2 - 2018 - 10
For the Defense - Vol. 3, Issue 2 - 2018 - 11
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