The state Supreme Court has ruled that the Luzerne County District Attorney’s Office exercised due diligence when it attempted to consolidate a homicide case and an escape case by filing a petition to transfer.
The six-justice panel led by Justice J. Michael Eakin ruled unanimously that both a Luzerne County trial court and the state Superior Court erred by not analyzing the record to determine whether the state exercised due diligence but was split 5-1 in favor of conducting the analysis itself rather than remanding the case to the trial court.
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