The Pittsburgh news channel WPXI reports that inmate visits at the Westmoreland County Jail have been suspended until further notice due to a faulty elevator. The elevator in question seriously injured a county jail employee in March.
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The Pittsburgh Post-Gazette reports that the ACLU and the Juvenile Law Center are opposing a Pennsylvania bill that is intended to make sexting a lesser offense for minors. The ACLU argues that by criminalizing sexting, juveniles are left with a permanent mark that would harm their ability to get a job, be admitted to certain colleges, and join the military.
For more information, go to:
http://www.post-gazette.com/pg/10035/1033478-100.stm?cmpid=latest.xml
Commonwealth v. Lenora Rodriguez 2010 PA Super 14 (1/29/2010)
Topic: Retail Theft – Intent Element of the Offense
Summary: To convict a defendant of Retail Theft, the Commonwealth must prove that she had intent to permanently deprive the store of the merchandise.
Illustration: Defendant was accused of taking a portable stereo from the electronics department of a Walmart store to the customer service desk of the same store. At the customer service desk, Defendant asked to return the stereo. The Superior Court concluded that, while Defendant’s actions may have shown her intent to deprive Walmart of cash, it did not show that she intended to deprive the store of the stereo. Therefore, the evidence did not support a conviction for retail theft.
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The Pennsylvania General Assembly House of Representatives has passed a bill prohibiting drivers from operating a handheld cell phone or wireless device while operating a motor vehicle. Before the bill becomes law, it must be passed by the Pennsylvania Senate and signed by Governor Ed Rendell.
For more information go to:
http://www.post-gazette.com/pg/10026/1031203-100.stm
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After several cases where district attorneys have pursued felony charges against teens accused of sending sexually explicit photos of themselves, the Pennsylvania General Assembly House of Representatives is proposing a bill that would make “sexting” by teens a second-degree misdemeanor. The statute would amend the criminal code by adding 18 Pa.C.S.A. § 6321.
The new statute would prohibit any minor over the age of 13 from sending any nude photos of him or herself electronically. The statute adopts the definition of nudity set out it 18 Pa. C.S.A. § 5903. In that section, nudity is defined as showing the “human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.”
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The Pittsburgh Post-Gazette reports that the Pennsylvania General Assembly House of Representatives will be taking a final vote on a bill that would ban the use of handheld cellular phones and other wireless devices while operating a motor vehicle. The bill amends a proposed statute that would prohibit drivers from sending text messages while driving. The proposed statute would add a new section to the motor vehicle code. Under the proposed 75 Pa.C.S.A. § 3316 statute, drivers would be prohibited from using any “interactive wireless device” while operating a motor vehicle. An interactive wireless device is defined as “[a] wireless telephone, personal digital assistant, smart phone, portable or mobile computer, or similar device which can be used for texting, e-mailing, browsing the Internet or instant messaging, but does not include a device being used exclusively as a global positioning or navigation system, or a system or device that is physically or electronically integrated into the vehicle.” The statute would permit a driver to use a hands-free device and to use the wireless device as a navigation system. Anyone convicted of violating the statute would be subject to a $50 fine.
For more information, go to:
http://www.post-gazette.com/pg/10025/1031007-100.stm?cmpid=latest.xml
The Pittsburgh Tribune Review reports that District Attorney Stephen Zappala is pursuing the death penalty against Ronald Robinson. Robinson is charged with shooting and killing Penn Hills police Officer Michael Crawshaw and civilian Danyal Morton on December 6, 2009. In addition to the two counts of criminal homicide, Robinson also faces charges of robbery, burglary, and two firearm offenses.
For more information, go to:
http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_662931.html
Commonwealth v. Gaylend L. Young 2010 PA Super 2 (1/06/2010)
Topic: Admissibility of Evidence of Prior Crime When Defendant is Acquitted – Prior Bad Acts
Summary: Under Pa.R.E. 404, the Commonwealth may admit evidence of a previous crime as a prior bad act even where the defendant was acquitted in the prior trial (The evidence of prior crimes challenged in this case were confessions by the defendant).
Commonwealth v. John W. Wyland 2010 PA Super 1 (1/05/2010)
Topic: DUI – Motor Vehicle Stops – Trafficways
Summary: A road on a highly-secured military base is not a trafficway under the Motor Vehicle Code.
Book Title: “The Last Lawyer: The Fight to Save Death Row Inmates”
Author: John Temple
Publisher: University of Mississippi Press
Bickerton-Law Rating: 4/4
Most criminal defense attorneys will attest that defendants can be wrongfully convicted for many reasons. These reasons can include faulty witness testimony, the failure of the court to recognize the defendant’s mental deficiencies, and ineffective assistance of counsel. For Levon “Bo” Jones, all three problems were present in his case.
In “The Last Lawyer,” John Temple tells the story of how Kenneth J. Rose and his team of attorneys from the Center for Death Penalty Litigation fought to get Bo Jones off of death row. Although many books about death row usually have a clear agenda, Temple gives a fair and politically neutral view of the realities of death row litigation.
While telling the story of Bo Jones and other death row inmates, Temple offers a chillingly accurate depiction of the countless hurdles criminal defense attorneys face while advocating for their clients. From over-zealous prosecutors to budgetary restraints, death row litigators are forced to cope with more than issues of innocence, guilt, and the morality of executing criminals.
Those outside of the criminal justice system are often unaware of the realities of criminal litigation. In “The Last Lawyer,” John Temple shines a light on the inadequacies that exist in the criminal justice system. Many assume that anyone who has a jury trial has automatically received a “fair trial,” Temple shows that this is often not the case. While reading the book, the reader is forced to ask himself: If a defendant’s attorney does not investigate the case or interview witnesses, can that attorney truly be an effective advocate? If the state’s case is supported solely by the words of an unreliable witness, is that truly enough to support a conviction, much less the death penalty? How accurate does the system need to be before taking a prisoner’s life? Ultimately, regardless of what side of the political spectrum you are on, it is impossible to come away from this book without questioning whether justice is truly served in death penalty cases.