Opinion
No. 252 MAL 2021 No. 253 MAL 2021
11-10-2021
COMMONWEALTH of Pennsylvania, Respondent v. Jquan HUMPHREY, Petitioner Commonwealth of Pennsylvania, Respondent v. Jquan Humphrey, Petitioner
ORDER
PER CURIAM.
AND NOW, this 10th day of November, 2021, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403, even though this penal statute provides for the dismissal of charges against an individual when a trial court feels continued prosecution would be unjust?
(2) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403 where the [t]rial [c]ourt had before it significant information accumulated over nine months expended on these matters, and where the [t]rial [c]ourt found that, due to Petitioner's severe incompetence and passage of time, it would already be unjust to ever resume prosecution?
(3) Whether the [t]rial [c]ourt erred in dismissing charges against Petitioner pursuant to 50 P.S. § 7403 instead of ordering another competency evaluation, despite the fact that Petitioner had not undergone any competency restoration services and that the [t]rial [c]ourt had already found that it would be unjust for Petitioner to be prosecuted in the future?