Commonwealth, Aplt. v. Harrison, S.

Summary

The Court held that a trial court reviewing a Commonwealth motion to nolle prosequi must examine the Commonwealth’s specific legal and factual reasons and determine whether they provide a valid and reasonable basis for dismissal. Applying that standard, the Court concluded that the Commonwealth’s asserted loss of a witness did not justify dismissal because other witnesses could establish the charged conduct and the record supported the trial court’s findings. The Court therefore affirmed the Superior Court’s order upholding denial of the motion. Justice Dougherty, joined by Justice Mundy, concurred in part and dissented in part, agreeing that the Superior Court used the wrong standard but would have remanded for it to apply the governing standards and objecting to the majority’s additional discussion of an issue not raised for review.