Commonwealth v. Shiem Gary: In a stunning reversal of years of Pennsylvania jurisprudence, the Pennsylvania Supreme Court today discarded the greater protections of Article I, Section 8 of the Pennsylvania Constitution and held that there is no longer any greater protection under the Pennsylvania Constitution than under the Fourth Amendment to the United States Constitution. […]
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Supreme Court: “Dial-A-Stop” OK
On April 22, the Supreme Court of the United States issued its decision in Navarette v. California, 2014 WL 1577513, in which it held that an anonymous 911 call reporting erratic driving, uncorroborated by a police officer viewing any erratic driving indicative of the driver being under the influence, can create reasonable suspicion that the […]
Montgomery County Juvenile Expungement Clinic
The Montgomery County Public Defender is now handling juvenile expungements for free: http://www.philly.com/philly/news/20140407_Montco_public_defenders_push_expungement_of_juvenile_records.html
Superior Court: Counsel Ineffective For Failing To Request Character Jury Instruction
In Commonwealth v. Reyes-Rodriguez the Pennsylvania Superior Court reversed the court’s denial of PCRA relief. The Superior Court found that trial counsel was ineffective for failing to request a jury instruction that character evidence in favor of Reyes-Rodriguez, in and of itself, could create reasonable doubt or establish innocence. A jury found Reyes-Rodriguez guilty of […]
Montgomery County Court Rejects Mandatory Sentencing as Unconstitutional
On March 21, Montgomery County Court of Common Pleas President Judge William Furber, Jr. applied the Supreme Court’s opinion in Alleyne v. United States, 133 S.Ct. 2151, 2155 (2013) to Commonwealth v. Brockington, Commonwealth v. Blakeney, and Commonwealth v. Bates. The Court in Alleyne held that elements of a crime that trigger mandatory minimum sentences […]
