by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Mandatory Sentence, sentencing
Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)Topic: Sentencing – Mandatory MinimumSummary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory...
by Lea Bickerton | Sep 19, 2009 | Appeal, Case Law Summaries
Commonwealth v. Israel Santiago J-34-2009 (8/25/2009)Topic: Motion to Withdraw – Anders BriefSummary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Jurisdiction Issues
Commonwealth v. Derek Bloom 2009 PA Super 150 (7/31/2009)Topic: Police Jurisdiction – Port Authority PoliceSummary: The jurisdiction of Port Authority police (and other railway and railway street police officers) extends to any area that is in the immediate and...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Motor Vehicle Search, Suppression of Evidence
Commonwealth v. George Kubis 2009 PA Super 140 (7/21/2009)Topic: Seizure of a Vehicle Without a Warrant -Summary: Where the elements of the Illinois v. McArthur test are met, police may temporarily seize an automobile while waiting for a search warrant to be...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Mandatory Sentence
Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009)Topic: Mandatory Sentence – Deadly Weapon EnhancementSummary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore,...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Drug Crimes, Gun Crimes, Mandatory Sentence
Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009)Topic: Mandatory Sentences – Drugs in Close Proximity to FirearmsSummary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence...