Articles

Pennsylvania Superior Court Banishes Ineffective Assistance of Counsel Claims to PCRA only

Filed under: Criminal Law, News Tags: by Steven F. Fairlie @ July 25, 2011

The Pennsylvania Superior Court has dramatically limited the manner of attacking criminal convictions for ineffective assistance of counsel. Whereas a clear cut case of ineffective assistance of counsel could previously be litigated on direct appeal (so long as a record had been made) even after Commonwealth v. Grant, it now must await PCRA review. This […]

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Montgomery County Attorney David Manilla sentenced to 10-25 years in prison

Filed under: Criminal Law, News Tags: by Steven F. Fairlie @ July 8, 2011

Montgomery County Attorney David Manilla has been sentenced to 10-25 years in state prison for the shooting death of another hunter this past winter. He originally pled Nolo Contendre (no contest) but changed that to Guilty today to the charge of Involuntary Manslaughter and Guilty to two weapons counts in Bucks County Court of Common […]

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You Have the Right to…Speak up? U.S. Supreme Court Dials Back Miranda Rights

Filed under: Criminal Law, DUI, News Tags: by Steven F. Fairlie @ July 3, 2011

You Have the Right to…Speak up? U.S. Supreme Court dials back on Miranda Rights Miranda rights are warnings that are required to be given by police to criminal suspects in police custody before they are interrogated, informing them of their Constitutional rights. Then again, you probably already know this as the Miranda rights have become […]

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‘Fair Share’ in Personal Injury Cases Now Pennsylvania Law

Filed under: Litigation, News, Personal Injury Tags: by Steven F. Fairlie @ June 29, 2011

Tuesday, June 28, Pennsylvania Governor Tom Corbett signed legislation into law that will amend the mechanics of civil liability in negligence cases – which includes most personal injury cases. The “Fair Share Act” as it has been coined, essentially replaces the current doctrine of joint and several liability that has ruled Pennsylvania since the Colonial […]

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Lab technician who tested blood must testify in DUI trial

Filed under: Criminal Law, DUI, News Tags: by Steven F. Fairlie @ June 23, 2011

The United States Supreme Court today held that the lab technician who actually tested the blood in a DUI case must testify in the trial or an objection based upon the Sixth Amendment’s Confrontation Clause should be sustained. Today’s decision, Bullcoming v. New Mexico, relied upon the principle espoused by the Court in the 2009 […]

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