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The Legal Intelligencer

Commonwealth v. Mitchell, PICS Case No. 16-1551 (Pa. Super. Dec. 8, 2016) Dubow, J. (7 pages).

By | December 30, 2016
The preliminary hearing testimony of a witness unavailable for trial was properly admitted where defendant had a full and fair opportunity to cross-examine the witness, at the preliminary hearing. Judgment of sentence affirmed.
4 minute read

The Legal Intelligencer

Commonwealth v. Popielarcheck, PICS Case No. 16-1553 (Pa. Super. Dec. 6, 2016) Dubow, J. (11 pages).

By | December 30, 2016
Where the sentencing court sentenced a DUI offender to county intermediate punishment, the court was not required to impose a mandatory maximum sentence because CIP constituted an alternative sentencing scheme to which the mandatory maximum sentence statute did not apply. Judgment affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Pilchesky, PICS Case No. 16-1552 (Pa. Super. Dec. 6, 2016) Shogan, J. (11 pages).

By | December 30, 2016
The trial court erred in granting a petition for writ of habeas corpus upon ruling that, to convict on the charge of unauthorized practice of law, the commonwealth had to prove both that defendant engaged in the practice of law without a license and that he did so in a manner to convey the impression that he was a practitioner of law, where the second element was a sufficient, not necessary or additional, element to prove UPL. Order of the trial court reversed, case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Diaz, PICS Case No. 16-1583 (Pa. Super. Dec. 16, 2016) Ott, J. (25 pages).

By | December 30, 2016
Trial court properly convicted defendant of rape and other charges after he gave alcohol to 17-year-old and then had sex with her but erred in sentencing him to mandatory minimum sentence under §9714. Sentence vacated.
7 minute read

The Legal Intelligencer

Commonwealth v. Jarosz, PICS Case No. 16-1584 (Pa. Super. Dec. 13, 2016) Dubow, J. (16 pages).

By | December 30, 2016
PCRA court properly denied appellant's PCRA petition alleging ineffective assistance of counsel because appellant's merger of charges claims were without merit, as were his allegations relating to his DUI suspension and counsel's alleged failure to obtain medical records, and PCRA court properly refused to appoint medical and crash reconstruction experts. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Blakney, PICS Case No. 16-1580 (Pa. Super. Dec. 16, 2016) Bender, J. (8 pages).

By | December 30, 2016
Statute imposing mandatory minimum sentence for failing to maintain sex offender registration was unconstitutional pursuant to Alleyne v. U.S., where proof of violations of provisions of the statute were expressly deemed by the statute to not be elements of the crime, in direct violation of Alleyne's holding. Judgment vacated, case remanded for resentencing.
5 minute read

The Recorder

In re Perez

By | December 30, 2016
4 minute read

The Legal Intelligencer

Cosby Wants Trial Moved From Montco Court

Bill Cosby wants his criminal case to be transferred out of the Montgomery County Court of Common Pleas, arguing that potential jurors in that county have been unfairly influenced by media coverage of the comedian's alleged crimes.
6 minute read

New York Law Journal

Officer's Accidental Use of Deadly Force Held Violation of Fourth Amendment

In his Section 1983 column, Martin A. Schwartz examines how the courts have addressed questions of seizure under the Fourth Amendment in accidental shootings by police officers. Unlike intentional police shootings, which are clearly seizures, accidental police shootings can raise sticky Fourth Amendment "seizure" issues. Accidental police shootings do not come within a "one size fits all" constitutional model. On the contrary, some accidental police shootings are held to be Fourth Amendment seizures, while others are not.
23 minute read

The Legal Intelligencer

Illegally Obtained Evidence Inadmissible in Parole, Probation Hearings

Evidence that was illegally obtained and suppressed at trial should likewise not be allowed into parole and probation revocation proceedings, the Pennsylvania Supreme Court has ruled.
7 minute read

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