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[J-75-2001]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT

RYAN T. CROOKS, : No. 70 MAP 2000
:

Appellee : Direct appeal from the order of the Court : of Common Pleas of Chester County, Civil : Division, at No. 00-00577, entered March
v. : 2, 2000 : : Submitted: August 31, 2000
COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF TRANSPORTATION, : BUREAU OF DRIVER LICENSING, : :
Appellant :
:
:

CONCURRING AND DISSENTING OPINION

MR. JUSTICE CAPPY DECIDED:  April 11, 2001
I agree with the majority that the trial court's order rescinding the suspension of
appellee's driver's license must be reversed.  I write separately to set forth my rationale for
reversal, and to articulate the issues that I believe this case resolves.  I disagree, however,
with the majority's decision to reinstate the suspension of appellee's driver's license.  It
would appear that ancillary or undecided issues that fall outside the scope of this court's
direct review under 42 Pa.C.S.

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Pennsylvania Law