HomeMy WebLinkAboutCP-50-MD-0007-2008
IN RE: PRIVATE CRIMINAL : IN THE COURT OF COMMON PLEAS OF
COMPLAINT OF JEFFREY DALE : PERRY COUNTY, PENNSYLVANIA
SODER :
: CP-50-MD-0000007-2008
IN RE: PETITION FOR APPROVAL OF PRIVATE CRIMINAL COMPLAINT
OPINION AND ORDER OF COURT
1
Bayley, J., February 11, 2008:--
Jeffrey Dale Soder sought approval by the Perry County District Attorney to file a
private criminal complaint against Keith B. Quigley, the former president judge of Perry
County, and now a senior judge. The proposed charges are fraudulent destruction,
2
removal or concealment of recordable instruments, tampering with records or
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identification, rigging publicly exhibited contest, securing execution of documents by
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deception, obstructing administration of law or other governmental function, and
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hindering apprehension or prosecution, all in conspiracy with others. The District
Attorney disapproved the complaint. Pursuant to Pa.R.Crim.P. 506, the within petition
was filed to review that decision.
Specially assigned.
1
2
18 Pa.C.S.A. § 4103.
3
18 Pa.C.S.A. § 4104.
4
18 Pa.C.S.A. § 4109.
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18 Pa.C.S.A. § 4114.
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18 Pa.C.S.A. § 5101.
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18 Pa.C.S.A. § 5105
.
CP-50-MD-0000007-2008
Commonwealth v. Pritchard,
In 408 Pa. Super. 221 (1991), the Superior Court
of Pennsylvania stated:
The judge's independent review of the [private criminal] complaint serves
as a check and balance of the district attorney's decision and protects
Piscanio Appeal,
against the possibility of error. 235 Pa.Super. 490,
492-496, 344 A.2d 658, 660-2 (1975).
The trial court, in its independent review of the complaint, should not
interfere with the exercise of prosecutorial discretion unless it is
In Re
determined that there has been a 'gross abuse of discretion'.
Wood,
333 Pa.Super. 597, 601, 482 A.2d 1033, 1036 (1984);
Commonwealth v. Eisemann,
276 Pa.Super. 543, 546, 419 A.2d 591,
593 (1980).
Piscanio Appeal,
In 235 Pa. Super. 490 (1975), the Superior Court stated that
the rules of criminal procedure:
simply allows the complainant to file the disapproved complaint with a
judge of a court of common pleas for approval or disapproval. The court
is not required...to grant a hearing; the additional procedure merely gives
the private prosecutor the opportunity to have his complaint reviewed
following an adverse decision by the district attorney.
sub judice,
In the case the District Attorney disapproved the private criminal
complaint because: “Complainant fails to state a factual basis for the charges listed.”
We have examined the private criminal complaint and the Affidavit of Probable Cause,
and agree with the District Attorney that there are no factual averments in support of
instituting the criminal prosecution. The disjointed complaint apparently has something
to do with some defendants or prospective defendants in matters dealt with by Judge
Quigley while acting in his official capacity as a senior judge in Perry County. It is
readily apparent that the complaint alleging criminal conduct is wholly frivolous.
-2-
CP-50-MD-0000007-2008
There being no gross abuse of discretion by the District Attorney in disapproving
the private criminal complaint, the following order is entered.
ORDER OF COURT
AND NOW, this day of February, 2008, the within petition seeking to
reverse the decision of the District Attorney of Perry County to disallow the filing of a
IS DENIED.
private criminal complaint,
By the Court,
Edgar B. Bayley, J.,
Specially Presiding
Jeffrey Dale Soder, Pro se
P.O. Box 396
McAlisterville, PA 17049
Charles Fredric Chenot, III, Esquire
District Attorney for Perry County
:sal
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IN RE: PRIVATE CRIMINAL : IN THE COURT OF COMMON PLEAS OF
COMPLAINT OF JEFFREY DALE : PERRY COUNTY, PENNSYLVANIA
SODER :
: CP-50-MD-0000007-2008
IN RE: PETITION FOR APPROVAL OF PRIVATE CRIMINAL COMPLAINT
ORDER OF COURT
AND NOW, this day of February, 2008, the within petition seeking to
reverse the decision of the District Attorney of Perry County to disallow the filing of a
IS DENIED.
private criminal complaint,
By the Court,
Edgar B. Bayley, J.,
Specially Presiding
Jeffrey Dale Soder, Pro se
P.O. Box 396
McAlisterville, PA 17049
Charles Fredric Chenot, III, Esquire
District Attorney for Perry County
:sal