That’s hearsay!: The present-sense-impression exception
This post follows up to my initial post of March 30, 2017 on the topic of hearsay. In this short post, I discuss the first of what Pennsylvania recognizes as 16 exceptions to hearsay. That is, in…
A win from the Pa. Supreme Court for unrepresented prisoners
Last week, the Pennsylvania Supreme Court decided Commonwealth v. Burton, ____ A.3d ____, 2017 WL 1149203 (Pa., Mar. 28, 2017). The case involved what is known as the “public-record presumption.”…
That's hearsay!
Chances are we’ve all heard someone say, “That’s hearsay!” Perhaps we’re guilty ourselves of expressing an opinion on the matter. But frequently what “hearsay” really is is misunderstood—even by…
The Statute of Limitations for Criminal Offenses
Most have heard of the term “statute of limitations.” And probably when most people think of the term they jokingly associate it with the thought of how much time they must pass before being cleared…
“What am I looking at?” The question of sentencing.
When I meet clients facing criminal charges, the number one question I almost always get is: “What am I looking at?” Sentencing is the pressing question on the minds of any person accused of…
Character Evidence: Not to be taken lightly
“‘Evidence of good character is substantive and positive evidence, not a mere make weight to be considered in a doubtful case, and, . . . is an independent factor which may of itself engender…
Jury bias sees the light of day
The verdict has come down. Guilty! The accused is in disbelief. The question arises: why did the jury decide this way? How can this be? As is typical, defense counsel speaks to the jury…
License Suspension for Drug Convictions: Is that really a “conviction”?
Pennsylvania’s Vehicle Code mandates a driver’s license suspension of “any person . . . convict[ed] of any offense involving the possession, sale, delivery, offering for sale, holding for sale or…
Round Two: The Appeal
In 2010, the U.S. Department of Justice estimated that 69,348 state criminal appeals were resolved nationwide. On average, accounting for 143 appellate courts, that’s approximately 484 criminal…
The Motion to Suppress: A Necessary and Important Defense Tool.
“In the jealous regard for maintaining the integrity of individual rights, the [Supreme] Court gave life to Madison’s prediction that ‘independent tribunals of justice . . . will be naturally led to…