Pennsylvania has joined well over half the states—including New Jersey and Delaware—that prohibit texting while driving. On November 9th, Governor Tom Corbett signed Senate Bill 314 into law, becoming Act 98. This Act makes texting while driving a primary offense, meaning a driver can be pulled over even if no other violation is involved. It […]
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Pennsylvania Death Penalty Update: PA Supreme Court approves procedure for litigating Atkins mental retardation issues in death penalty cases
In a recent Pennsylvania Supreme Court case, Commonwealth v. Sanchez, the court declared that juries will have to rule when a defendant in a death penalty proceeding wants to argue that he is mentally disabled and therefore ineligible for execution. The high court upheld the death penalty for Abraham Sanchez Jr., who was convicted of […]
New Pennsylvania Superior Court Opinion Permits Sentencing Prior to SVP Hearing
It has been black letter law and a source of some frustration for judges, prosecutors, and defense attorneys alike that when an individual is convicted of a Megan’s Law offense, as specified in 42 Pa.C.S.A. §9795.1, a Sexually Violent Predator (SVP) assessment must be ordered and completed prior to sentencing. (For a more thorough review […]
Spousal Privilege – When Can a Spouse be Forced to Testify in Pennsylvania?
Does a spouse always have the right to invoke the spousal privilege, which in essence grants a spouse the right to refuse to testify against his or her spouse? Under Pennsylvania law a spouse has the right to invoke this privilege and refuse to testify against his/her spouse. However, there are exceptions in which the […]
Steven Fairlie quoted by Reuters on the Jerry Sandusky case
Steven Fairlie was quoted by Reuters news service on the Jerry Sandusky case. Here is the link: http://www.reuters.com/article/2011/12/13/us-crime-coach-strategy-idUSTRE7BC2IR20111213
