One for probable cause and five against equals suppression
This was a direct appeal out of Montgomery County. The issue on appeal pertained to the search of Davis’s car and whether that search was constitutional. The uncontradicted facts taken from the…
An unauthorized driver of a rental car may have privacy interests in the car he drives
In a unanimous decision, the U.S. Supreme Court held that “someone in otherwise lawful possession and control of a rental car has a reasonable expectation of privacy in it even if the rental…
"I didn't do it!": Capital counsel cannot "sell out" clients as a matter of strategy to avoid death
In a 6-3 opinion authored by Justice Ginsburg, the U.S. Supreme Court held that “a defendant has the right to insist that his counsel refrain from admitting guilt, even when counsel’s…
Is an arrest warrant for one person good to enter and search another person's home?
This discretionary appeal resulted in a plurality opinion, splintering the Supreme Court’s seven justices into roughly two equal camps. The issue on appeal, simply stated, was this: is an arrest…
Defense or Immunity? To know the law or not know the law? De Facto Life Sentence or not?
Comm. v. Markun, 2018 PA Super 104 (May 1, 2018) Appeal out of Delaware County. This is the second reported decision this year on the Drug Overdose Response Act, 35 P.S. § 780-113.7. In this en…
The Superior Court has been busy.
Comm. v. Bowers, 2018 PA Super 88 (Apr. 16, 2018) Appeal out of the 39th Judicial District, Franklin County Branch. The Superior Court held that an appeal from an order granting the Commonwealth’s…
The Self-Represented Defendant's Limits in Confronting Witnesses
This was an appeal out of Lackawanna County. Patrick Tighe represented himself at trial against the the most serious of sex-offense charges. Clearly, little more needs to be said of how the result…
Trial courts must follow the rules, too.
This was an appeal out of Jefferson County. The gist of the underlying facts and history leading up to this appeal is this: this was a local code enforcement case that got out of control and…
Sufficiency of Evidence and Probable Cause
Comm. v. Gorman, 2018 PA Super 73 (Mar. 28, 2018) This was an appeal out of Allegheny County. Gorman proceeded to a bench trial on three charges: theft by unlawful taking, receiving stolen…
Missteps, Translators, and Exigencies
Comm. v. Giles, 2018 PA Super 63 (Mar. 20, 2018) This was an appeal out of Allegheny County. Giles had been convicted by a jury of several sex offenses, prime among them being rape of a child. The…