On March 30th, the Superior Court of Pennsylvania decided Commonwealth v. Thompson, holding that the Commonwealth cannot establish that it exercised “due diligence” in seeking a defendant’s presence at trial by simply presenting testimony that it was standard practice in the DA’s Office to issue writs to secure the presence of defendants. On December 4th, […]
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Parolee Should Have Been Advised He Had to Serve Back Time Before Commencing New Sentence
On March 15th, the Pennsylvania Superior Court decided the case of Commonwealth v. Kelley, holding that plea counsel was ineffective for failing to advise the defendant that he would be required to serve back time related to his parole before commencement of the new state sentence imposed for his more recent offenses. On June 12th, […]
Montgomery County Judge Suppresses Video Taken by CI in Car
On Tuesday, Montgomery County Judge Steven T. O’Neill, in Commonwealth v. Enos , suppressed a video taken by a confidential informant during a controlled buy inside of an automobile. In Enos, a Pottstown detective worked with a CI to set up a controlled buy in which the CI was supplied with a hidden body camera. […]
Questions Over DNA Evidence Used in New York Prosecutions
A lawsuit brought by three forensic scientists accused of cheating on a training exam for new software may uncover a much deeper, more troubling problem in New York’s Criminal Justice system. These scientists claim that they merely collaborated with colleagues on the exam, as they were encouraged to do throughout their training process, and that […]
PA’s Rape Shield Law Only Applies to Sex Offenses
On February 19th, 2016, the Superior Court of Pennsylvania decided the case of Commonwealth v. Schley, No.124 WDA 2015, holding that Pennsylvania’s Rape Shield Law does not bar the admission of prior false sexual assault allegations made by the complainant as evidence in a trial for Endangering the Welfare of Children. The defendant, Schley, and […]
