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Tuesday, March 29, 2016

Potter County "baby-selling" case allowed to continue - Pennlive.com

By Matt Miller
A state Superior Court panel has revived a criminal case against two upstate attorneys accused of pursuing a baby-selling scheme.
The ruling, outlined in a recent opinion by Judge Victor P. Stabile, overturns a county judge's dismissal of the charges against Potter County lawyer Jarrett Smith. The dismissal was based on the county judge's finding that prosecutors had taken too long to bring the case to trial.
Yet, Stabile wrote, the county judge miscalculated. He and the other state judges concluded that prosecutors still had 301 days left on the clock to prosecute Smith and three co-defendants when the dismissal order was issued in March 2013.
Pennsylvania's speedy trial law - known as Rule 600 - requires that criminal defendants be brought to trial within 365 days of being charged. Delays sought by the defense or ordered by the court can extend the time frame, however.
That is what happened here. The case also has some unusual facets. Read more from Pennlive.com...