[patlin]

Thank You!

[Cboldt]

My pleasure. There is a question about how closely Elliott's trial brief (which Pellegrini had) tracks the appeal brief. The appeal docket was very compressed (a couple days), and the PA Supreme Court said that it would take the trial submissions with new cover pages.

I am pretty sure that Pellegrini was presented with Rogers v. Bellei, and that instead of arguing against the various contentions raised directly by Elliott, he just selected what he wanted to out of Cruz's brief, which will naturally yield the result Pellegrini was determined to deliver.