Being handcuffed outside of a car seemingly undercuts need for protective sweep of car for weapons
Comm. v. Arrington, 2020 PA Super 138 (June 9, 2020) Out of Allegheny County. In a 2-1 opinion, the Superior Court reversed the trial court’s order denying suppression of firearms and drugs…
The prior acceptance of ARD and what that means for DUI mandatory sentences: What the Chichkin decision holds.
Two weeks ago, the Pennsylvania Superior Court handed down an opinion in a companion case that was out of Philadelphia. The case—known now as the Chichkin case for the lead defendant—concluded that…
Pa. Supreme Court's October decisions: two on the application of Birchfield, and one the scope of liability under the concealed-carry statute.
Supreme Court Allocatur Grants 1. Comm. v. Ballentine, 379 MAL 2019 (Oct. 29, 2019) Whether, in light of Commonwealth v. Veon, 150 A.2d 435 (Pa. 2016), a sentence to pay restitution to a nonprofit…
Dissemination of sex offenders' information over the Internet is unconstitutional: a bold decision that's likely to be short-lived.
Comm. v. Moore, 2019 PA Super 320 (Oct. 23, 2019) Out of Mercer. The Superior Court made a bold ruling in the ever-evolving jurisprudence of sex-offender registration. The Court held “that the…
Fines, restitution, and court costs have been a recent hot topic in Pennsylvania’s appellate courts.
Since September 24, 2019, the Pennsylvania Supreme Court and Superior Court have issued five published opinions dealing with the financial consequences defendants regularly face in the…
An accomplice's and his girlfriend's word to one officer can make up good probable cause for another officer to make a warrantless arrest. (And apparently the enforcement of plea agreements are excepted from the time constraints of the PCRA.)
Comm. v. Brogdon, 2019 PA Super 297 (Oct. 3, 2019) Out of Philadelphia County. Brogdon was convicted at a bench trial of violations of the Uniform Firearms Act (i.e. person not to possess and…
Abuse of discretion for dismissing charges when witnesses "on their way"; smell of marijuana still good PC; and a favorable opinion for the defense bar.
Comm. v. Ligon, 2019 PA Super 290 (Sept. 24, 2019) Out of Philadelphia. This en banc decision was unanimous. The Court held that the that trial court abused its discretion when it dismissed the…
Pa. Supreme Court speaks to waiver/preservation issues, overbroad warrants, effect of bankruptcy on restitution, and ability-to-pay-fine determinations in a negotiated plea context
Supreme Court Allocatur Grants Comm. v. Alexander, 151 EAL 2019 (Sept. 24, 2019) In this case involving the warrantless search of a locked metal box in a car following the arrest of the driver,…
Separation-of-powers questions, lawfulness of mandatory-minimum under § 6111(h), and recurring evolutions with the Walker decision.
Supreme Court Allocatur Grant (9/10/19) Comm. v. Mason, 202 MAL 2019 Whether a babysitter has a reasonable expectation of privacy in the bedroom of a child she is caring for? Whether the sounds…
Pa. Supreme Court opinions and allocatur grants (August '19 - Pres.)
Comm. v. Foster, __ A.3d __ (Pa. Aug. 20, 2019) This was a discretionary appeal out of Philadelphia. “The issue presented in this case asks for a determination of what constitutes a permissible…