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MORGANELLI v. CASEY

166 Pa.Commw. 574 (1994)

646 A.2d 744

John M. MORGANELLI, District Attorney of Northampton County, Pennsylvania, on behalf of the Commonwealth of Pennsylvania, Petitioner, v. Robert P. CASEY, Governor of the Commonwealth of Pennsylvania, and Mark Singel, Lieutenant Governor of the Commonwealth of Pennsylvania, Respondents, John M. MORGANELLI, District Attorney of Northampton County, Pennsylvania, on behalf of the Commonwealth of Pennsylvania, Petitioner, v. Robert P. CASEY, Governor of the Commonwealth of Pennsylvania, and Mark Singel, Lieutenant Governor of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 11, 1994.

Attorney(s) appearing for the Case

John M. Morganelli, Dist. Atty., for petitioner.

Amy L. Putnam, Deputy Gen. Counsel, for respondent.

George S. Leone, Asst. Dist. Atty., for amicus curiae The Pennsylvania Dist. Attys. Ass'n.

Before CRAIG, President Judge, and DOYLE, COLINS, McGINLEY, SMITH, PELLEGRINI and KELLEY, JJ.

CRAIG, President Judge.

These proceedings present important questions of constitutional and statutory interpretation with respect to carrying out sentences of death in criminal cases.

The Governor of the Commonwealth, as respondent here, has presented a Motion to Open1 this court's peremptory judgment in mandamus, entered April 21, 1994 pursuant to Pa.R.C.P No. 1098, directing the issuance of execution warrants in two criminal...

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