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The Legal Intelligencer

Commonwealth v. Hlubin, PICS Case No. 17-0882 (Pa. Super. May 23, 2017) Lazarus, J. (18 pages).

Appellee was properly convicted of DUI after she was stopped at a sobriety checkpoint conducted by officers from multiple municipalities because, although the failure to comply with the ICA meant that the checkpoint was illegally constituted, the ICA and MPJA could be applied concurrently, the roadblock was a valid exercise of authority under §8953(a)(3) of the MPJA and the arresting officer had probable cause to arrest her for suspected DUI. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Fortson, PICS Case No. 17-0880 (Pa. Super May 26, 2017) Ransom, J; Platt, J., concurring in result (14 pages).

While juveniles are less culpable for criminal behavior than adults, the Superior Court declined to expand the categories of punishment prohibited for juveniles based upon diminished culpability in this case involving several serious crimes. The appellate court affirmed defendant's judgment of sentence.
5 minute read

New York Law Journal

The People v. Hernandez

Defendant, Victim Still Considered Strangers Despite Introduction by Mutual Acquaintance
2 minute read

The Legal Intelligencer

Commonwealth v. McClelland, PICS Case No. 17-0884 (Pa. Super May 26, 2017) Bowes, J.; (30 pages).

Defendant's inability to cross-examine his primary accuser at a preliminary hearing did not violate his due process rights since the preliminary hearing procedure must simply provide adequate notice, the opportunity to be heard and the chance to defend oneself. The court affirmed an order denying defendant's motion for a writ of habeas corpus.
6 minute read

The Legal Intelligencer

Commonwealth v. Pepperman, PICS Case No. 17-0780 (C.P. Lycoming Apr. 27, 2017) Lovecchio, J. (4 pages).

Where the record indicated no nexus between the current simple assault matter and a conviction more than 20 years prior for indecent assault, the court held that proposed conditions of probation relating to the supervision of sexual offenders were not appropriate.
4 minute read

The Legal Intelligencer

Commonwealth v. Kennedy, PICS Case No. 17-0774 (C.P. Lycoming Apr. 21, 2017)

Criminal defendant's motion to dismiss was a de facto petition for a writ of habeas corpus, and defendant waived his right to challenge the sufficiency of the evidence he had previously waived the preliminary hearing. Motion to dismiss denied.
2 minute read

The Legal Intelligencer

Commonwealth v. Herman, PICS Case No. 17-0885 (Pa. May 25, 2017) Saylor, C.J.; Donohue, J., concurring and dissenting. (38 pages).

Designer drug provision of controlled substance act not unconstitutionally void-for-vagueness with respect to the "substantially similar" requirement, where average person would understand scope of "substantially similar," and additional scienter requirement of provision alleviated additional vagueness concerns. Order of the trial court affirmed in part and reversed in part.
4 minute read

The Recorder

United States v. Kleinman

9th Cir.; 14-50585 The court of appeals affirmed a judgment of conviction. The court held that the federal bar on expending federal funds to prosecute…
5 minute read

New York Law Journal

Eastern District Prosecutors Recognized for Achievement

Four Eastern District assistant U.S. attorneys were among 179 federal prosecutors recognized at the 33rd Director's Awards Ceremony Friday in Washington, D.C.
3 minute read

The Legal Intelligencer

Williams' Fate Hangs in the Balance as Trial Starts Monday

Philadelphia District Attorney Seth Williams had a bright future in front of him as a former rising star once considered to be a contender for mayor, or even governor. Now his future, and his freedom, will be put in the hands of a jury weighing the facts in his federal corruption case.
9 minute read

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