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Commonwealth V. Schultz

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Commonwealth V. Schultz SUPERIOR COURT OF PENNSYLVANIA Criminal Docketing Statement Pursuant to PaR.A.P. 3617, you must complete and return thls form and'attachments to the Prothonotary of the Superior Court by May 10, 2013. A completed copy of this form must also be provided to the appellee. THIS FORM IS FOR CRIMINAL APPEALS ONLY. If this is not a Criminal appeal, notify the Superior Court Prothonotary and the correct form will be provided to you. A: CASE IDENTIFICATION 1, Case Caption; Comm. v. Schultz, G. 2. Superior Court Docket No: 736 MDA 2013 FILE 3. Party or parties filing appeal: Gary Schultz; Timothy Curley (703 MDA 2013) MAY — 6 2013 13.. TIMELINESS OF APPEAL (Check only those which apply and fill in the.date(s)) SUPERIOR ( ) Date of:Conviction or juvenile adjudication COURT Middle ( ) bate of judgment of sentence or juvenile disposition order District ) Date post-sentence motions filed ( ) Datepo0-sentence motions-denied (x). Date of 'order appealed from (if direct appeal from judgment of-sentence, date is the day that judgment of sentence was imposed; If a juvenile matter, date is the date that the juvenile dispoSItIon order was entered) April 9, 2013 • • (x ) Date nOtice.of appeal filed April 19, 2013 C. FINALITY OF ORDER APPEALED AND PRESERVATION OF ISSUES • 1, is the order appealed from a final order?- ( x) Yes ( ) No - • . Specify rule and subsection governing finality (e.g., PaR.A.P, 301, 31.3, 341) and, If desired,..any applicable case law. 313(b)(coIlateral orders); Commonwealth v: Harris, 32 A.3d 243; 248 (Pa. 2011)(collateral orders involving claims of privilege are immediately appealable as a matter of right) 2. If. the order is not a final order: •a. is the order appealable as of right under Pa.R.A:P. 311? ( ) Yes ( No • (Specify whiCh subsection) Was.permission to appeal granted pursuant to: . (I) Pa.R.A,P. 1311? ( ) Yes (x) No Misc. Docket No. Pa.R,A,P. 1501 et seq? (.. ) Yes (x). No ...Misc. Docket No,. How have.issues been preserved? Check only those that apply: . ( x) Pre-trial.rnotiOn(s) ( - ) Timely objection • ( ) Motion to withdraw plea of guilty or polo contendere Was the motion to withdraW guilty plea pre-senterice or post-sentence? ( ) Post-sentence motion(s) Date filed ( ) Other (please explain) 4. If this is a Commonwealth appeal from a pretrial order, has the Commonwealth complied with Pa.R.A.P. 311(d) and certified in the notice of appeal that the order will terminate or substantially handicap the prosecution? ( ) Yes ( No AOPC 3020 04/2612013 11:40 am D. NATURE OF DISPOSITION BELOW (Check only those which apply) . 1. Pre-Trial Orders: ( ) Suppression order ( ) Double jeopardy order ( ) Dismissal ( x) Other disposition (please specify) Order denying Defendants' Joint Motion to Quash the Presentment as Defective for Relying on Attorney-Client Privileged Communications and Work Product 2. Judgment of sentence following (check all applicable responses): Not applicable. ( ) Jury Trial ( ) Non-Jury Trial • ( ) Gullty-Nolo Contendere Plea ( ) Summary Conviction ( ) Summary Appeal ( ). Probation/Parole Revocation ( ) Grant of Appeal Nunc Pro Tune • 3. If thislkpn appeal from the grant or denial of a P.C.R.A. petition: Not applicable. Was there a direct appeal from judgment of sentence? ( ) Yes ( ) No Is this a:first P.C,R.A.? ( ) Yes ( ) No Was counsel provided in the lower court for the PCRA petition? ( ) Yes ( ) No • Was there a hearing in the lower court for the PCRA petition? ( ) Yes ( ) No Was nunc pro tune appeal requested? ( ) Yes ( ) No Was nunc pro tuno appeal denied? ( ) Yes ( ) No Was the petition dismissed as untimely? ( ) Yes ( ) No Was the PCRA petition filed within one year of the judgment of sentence becoming final? ( ) Yes ( ) No Were there any statutory exceptions (42 Pa.C.S. 9545 (b)(1)(i-Iii)) raised to the tiMeliness of the 'PCRA petition? • ( ) Yes (state which subdivision) ) N0 E. TYPE OF CASE On the last page, you will find a list of substantive case types. List the substantive case type(s) involvedip this Appeal using the corresponding letter(s). List as many as apply. If your case type does not appear on the list provided, please type or print the substantive type of case involved in this Appeal, DD, KK (Failure to Report: 23 Pa.C.S. § 6319) F. RELATED CASE List all related cases pending in any court (e.g., co-defendants, cross-claims, cross appeal or other appeals, same issue): CASE NAME COURT CASE NO. TYPE OF CASE CwIth y. Schultz, Dauphin Co. Court of Common Pleas, 1386-MD-20I 2, H, N, Obstruction of Justice (18 Pa.C.S. § 5101) In Re: 33rd Investigating Grand Jury, Petition of G.C.S., Pennsylvania Supreme Court, 61 MM 2013, Appeal Please see attached list of related cases. Docket No. of cross appeal 703 MDA 2013 AOPC 3020 0412612013 11:40 am F. RELATED CASE List all related cases pending in any court (e.g. co-defendants, cross-claims, cross appeal, or other appeals, same issue) CASE NAME COURT CASE NO. TYPE OF CASE Cwlth. V. Curley, Dauphin Co. Court of Common Pleas, CP-22-CR-5165-2011; DD, KK (Failure to Report: 23 Pa.C.S. § 6319) Cwlth. v. Curley, Dauphin Co. Court of Common Pleas, 1385-MD-2012, H, N, Obstruction of Justice (18 Pa.C.S. § 5101) Cwlth v. Spanier, Dauphin Co. Court of Common Pleas, CP-22-MD-0001387-2012, H, N, DD, KK (Failure to Report: 23 Pa.C,S. § 6319); Obstruction of Justice (18 Pa.C.S. § 5101) In Re : 33rd Investigating Grand Jury, Petition of T M C, Pennsylvania Supreme Court, 61 MM 2013, Appeal G. DESCRIPTION OF APPEAL (If necessary attach additional pages for completion of 1 and 2) 1. Brief description of action and result below: Please see attached. 2. Issues to be raised on appeal: Please see attached. 3. Is the discretionary aspect of sentencing the only Issue to be raised on this appeal: ( ) Yes (x ) No (See 42 Pa,C.S. §9781(b)) 4, If proceeding pro se, list all prior counsel in this matter and at what stage of the proceeding they represented you. Not applable. 5. If you filed this appeal pro se, and are Imprisoned and the appeal was docketed beyond the thirty-day period for thing an appeal, see Pa.R.AP. 903(a), does the mailbox rule apply, see Commonwealth V. Jones, Pa 700A.2d 423 (1997), such that your appeal should be considered as having been timely filed? ( ) Yes ( x) No. If yes, explain why and attach any supporting evidence. Not applicable_ H. CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL (Pa.R.A.P. 1925(B)) 1. Did the trial court order that a concise statement of matters complained of on appeal be filed? ( ) Yes (date) x ) No Date appellant filed the statement with the trial court clerk Not applicable. - Dade appellant served the statenient oh the trial 'Judge Not applicable. HAVE YOU ATTACHED: Order from which appeal is taken? ( x ) Yes ( ) No Notice of appeal? ( x) Yes ( ) No Trial court opinion, If available? (x) Yes ( ) No IF THIS DOCKETING STATEMENT IS NOT FILLED OUT IN ITS ENTIRETY WITH ALL REQUESTED DOCUMENTS ATTACHED, YOU MAY BE SUBJECT TO DISMISSAL OF THE APPEAL, See Pa R.A,P. 3517, amended June 5, 2001, effective September 1 2001, c--- Sig nature / Date / 3 Print Name 'Thomas Fourre I Atty. I.D, No. 4C---9 7.6 E-Mall Address I QxrIft kV' Ire it tntjer Q QYcv ACIPC 3020 04/2612013 1t40 pm G. DESCRIPTION OF APPEAL I. Brief Description of action and result below: Messrs. Schultz and Curley filed a Joint Motion to Quash the Presentment as Defective for Relying on Attorney-Client Privileged Communications and Work Product with the Supervising Judge of the 33rd Statewide Investigating Grand Jury, the Honorable Barry F. Feudale on November 26, 2012. On April 9, 2013, without holding an evidentiary hearing, Judge Feudale issued a Memorandum Opinion and Order denying the defendants' motion to quash. 2. Issues to be raised on appeal: The lower court erred by: (1) ruling that the Supervising Grand Jury judge lacked jurisdiction over the Motion to Quash; (2) failing to grant an evidentiary hearing on that motion; (3) failing to hold a hearing on the allegation that Ms. Baldwin's attendance at the grand jury testimony of Mr. Schultz and his co-defendants was breach of grand jury secrecy if she was not acting as counlose w _itnesses, and failing to re uire the prosecution -to cktain a prior before offering attorney testimony on the basis of the crime fraud exception. SUBSTANTIVE CASE TYPE A. Arson B. Assault, Aggravated C. Assault, Simple D. Attempted Murder E. Burglary F. Corrupt Organizations G. Corruption of Minors H. CrIrninal Conspiracy I. Criminal Trespass J•• Cruelty to Anirnals K. Disorderly Conduct L. Drug Related Offense M. DUI N. Endangering the Welfare of Children 0. Forfeiture/RetUrn of Property P. Forgery Q. Gambling R. Habeas Corpus S. Indecent Assault T. Involuntary Deviate Sexual Intercourse U. Kidnapping V. Manslaughter, Involuntary W. Manslaughter, Voluntary X. Motor Vehicle Code Violation Y. Motor Vehicle Homicide Z. Murder I (Include sentence imposed) AA, Murder 2 BB. Murder 3 CC, Parole Revocation DO. Perjury EE, Possession of Instrument of Crime FF. Rape GG, Receiving Stolen Property HH. Reckless Endangerment IL Robbery JJ.. Selling Obscene Material KI(,4 Summary Offense (Identify) LL. Terroristic Threats MM. Theft NN. Uniform Firearms Violation 00 Voluntary Deviate Sexual Intercourse PP. Request for DNA Testing QQ. Constitutional Challenge to Megan's Law ROPC 3020 04/28/2013 1 t40 am 41:41 A.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 735 MDA 2013 Page 1 of 2 Secure April 26, 2013 1110 ,;k" .111)1 kit 1#1,11 Commonwealth of Pennsylvania V.
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