On February 25, the Supreme Court of the United States in Kaley v. United States, 2014 WL 700097, held that an indicted defendant may not challenge a grand jury’s finding of probable cause when challenging the freezing of assets. 21 U.S.C. § 853(e) authorizes the Government to freeze assets that would be subject to forfeiture […]
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Supreme Court of Pennsylvania Rejects Good Faith Exception
On February 18, the Supreme Court of Pennsylvania decided in Commonwealth v. Johnson, 2014 WL 619896, that under Pennsylvania jurisprudence and its own decision in Commonwealth v. Edmunds, 586 A.2d 887 (Pa. 1991), the good faith exception does not apply to the fruits of defective arrest warrants. In Johnson, defendant Richard Johnson was a passenger in […]
Lycoming County Court Applies Alleyne
On February 6, the Lycoming County Court of Common Pleas applied the Supreme Court’s decision in Alleyne v. United States to Commonwealth v. Derr. In Derr the Commonwealth sought to amend the Criminal Information in order to include the weights of the drugs at issue, which would trigger a mandatory minimum sentence. The court’s opinion also applied […]
White House Seeks Candidates for Clemency
In an unprecedented move, the Obama administration is actively encouraging defense attorneys and prison officials to recommend inmates who are serving sentences for “low-level” drug offenses for clemency. Clemency is the act of pardoning a convicted criminal so that legally the crime was never committed. It can also include simply reducing the sentence that the […]
Superior Court: Motion For New Trial Does Not Preclude Double Jeopardy Protection
On January 9, the Superior Court held in Commonwealth v. Minnis that a defendant who moves for a new trial does not necessarily waive his constitutional protection against double jeopardy, overruling its own decision in Commonwealth v. Constant, 925 A.2d 810 (2007). Defendant James Minnis was charged with and found guilty of sexually abusing his […]
