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Commonwealth v. Pennsylvania v. Kratsas

In case involving the attempted prosecution of defendants for dealing in gambling devices, the defendants failed to establish a claim pursuant to the due process reliance doctrine that would bar their prosecution for gambling and related offenses, even though the lower court found that local governmental officials in Western Pennsylvania tolerated gambling activities.

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[J-34-2000]

ARGUED: March 6, 2000

The trial court barred the Commonwealth from prosecuting Appellees for dealing in gambling devices and related offenses, although they are alleged to have distributed video poker machines and other devices modified to permit gambling in violation of an express statutory prohibition. Finding, inter alia, that local governmental officials in Western Pennsylvania tolerated gambling activities, the court concluded that the prosecution would be fundamentally unfair and would violate principles of due process under the United States and Pennsylvania constitutions, and the Superior Court affirmed this holding. We reverse.

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