Practice Area: Criminal Appeals, Compulsory Joinder, Post-Conviction
Overview
In Commonwealth v. S, Attorney Robert M. Buttner successfully secured the dismissal of felony charges by asserting his client’s protection under Pennsylvania’s Compulsory Joinder Rule (18 Pa.C.S. §110). His client had already pled guilty to drug possession after a single police search. When additional charges for child pornography were filed separately from the same incident, Attorney Buttner argued that was a violation of state law.
Result
The Pennsylvania Superior Court agreed. On October 18, 2024, the court reversed the trial court and dismissed all child pornography charges. The Court held that both the drug and pornography charges arose from one criminal investigation and were required to be prosecuted together under 18 Pa.C.S. §110. Pursuing them separately was improper and barred by law.
Outcome
- Charges: Dismissed on Appeal
- Legal Basis: 18 Pa.C.S. §110 – Compulsory Joinder Rule
- Court: Pennsylvania Superior Court
- Date: October 18, 2024
- Defense Counsel: Robert M. Buttner, Esq., Scranton, PA