HomeMy WebLinkAboutCP-21-CR-0000686-2010
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
DAVID F. KELLY : CP-21-CR-0686-2010
IN RE: OPINION PURSUANT TO PENNSYLVANIA
RULE OF APPELLATE PROCEDURE 1925
Masland, J., May 4, 2011:--
On March 11, 2011, this court dismissed the defendant’s motion to
dismiss for lack of subject matter jurisdiction filed on March 7, 2011, and noted
the following:
The Defendant does not dispute that the crimes for
which he is charged occurred in Cumberland County
and it is well-settled that “a county court of common
pleas has jurisdiction over offenses that take place
within its borders.” Commonwealth v. Kohler, 811
A.2d 1046, 1050 (Pa. Super. 2002). As to the
Defendant's claims of immunity from prosecution due
to his status as “the sovereign of This Constitutional
Republic,” such claims have been raised in many
other courts and “are completely without merit,
patently frivolous, and will be rejected without
expending any more of this Court's resources on their
discussion.” United States v. Jagim, 978 F.2d 1032,
1036 (8th Cir. 1992).
Subsequently, on March 14, 2011, the defendant filed an amended motion
to dismiss for lack of subject matter jurisdiction, which was essentially identical to
the one addressed by the March 11, 2011, order of court. As with the first
motion, we summarily dismissed his amended motion on March 16, 2011.
Although this appeal deals with the dismissal of the amended motion, the
rationale for the dismissal is no different. It is respectfully submitted that this
CP-21-CR-0686-2010
frivolous appeal be summarily quashed because our denial of the defendant’s
motion was not an appealable final order of court.
By the Court,
(Date) Albert H. Masland, J.
District Attorney’s Office
David F. Kelly, Pro se
2390 Bob Phillips Road
Bartow, FL 33830
:saa
-2-