Articles

Court COVID orders expire but Rule 600 still suspended

Filed under: Criminal Law, News by Steven F. Fairlie @ June 21, 2021

The Pennsylvania Supreme Court has rescinded the authority of county President Judges to issue COVID-related emergency orders, but extended the suspension of Rule 600 (requiring speedy trials) until August 31. The Court gave local courts until July 6 to be fully reopened and functioning. Previously, such decisions were authorized by the Supreme Court but implemented […]

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No Hunting Allowed (on Montgomery County probation)

Filed under: Criminal Law by Steven F. Fairlie @ June 9, 2021

Montgomery County, Pennsylvania has an odd rule for every single person placed on probation – No Hunting! Why single out hunters as opposed to people who pursue other potentially dangerous hobbies? A probationer can still participate in competitive axe throwing. Unless of course an axe falls into the prohibition on owning any “lethal weapon.” But […]

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Drug Delivery Resulting in Death May Not Apply to Users

Filed under: Drug Crimes by Steven F. Fairlie @ June 3, 2021

The Third Circuit has decided the case of United States v Semler, which holds that when two heroin addicts jointly acquire a small amount of heroin for their mutual use, there is not a “transfer’ within the meaning of the statute and therefore the 20 year mandatory minimum cannot be imposed under federal law. While […]

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Alleged rapist can’t offer victim’s prostitution conviction at trial

Filed under: Sex Crimes by Steven F. Fairlie @ June 1, 2021

The Pennsylvania Supreme Court, in Commonwealth v. Rogers (just decided) held that an accused rapist may not offer evidence of the victim’s past prostitution convictions due to the rape shield statute, which forbids accused rapists from offering evidence of a victim’s past sexual conduct. The purpose of the rape shield statute is to stop defendants […]

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Bucks County Courts eliminate masks for vaccinated people

Filed under: Criminal Law, Litigation by Steven F. Fairlie @ May 17, 2021

The Bucks County Court of Common Pleas has announced that, consistent with recent CDC guidance, vaccinated people no longer need to wear masks in the Court Common Pleas or Magisterial District Courts. Individual Judges will still have the right to set rules for their own courtrooms, so come prepared with a mask, but it is […]

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