In the News: Craigslist lawsuit dismissed

Published on 23 October 2009 by in Constitutional Rights, In the News, Prostitution

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U.S. District Court Judge John Grady has dismissed a lawsuit filed against Craiglist alleging that the company failed to adequately deter prostitutes from posting in its “Erotic Services” (now “Adult Services”) section. Judge Grady concluded that the services offered were for legal activities such as erotic dancing and did not explicitly promote prostitution. Judge Grady also noted that prohibiting the conduct may infringe upon First Amendment rights. The lawsuit was filed by the Cook County Sheriff.

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BriefLaw: Commonwealth v. Omar

Published on 18 October 2009 by in Case Law Summaries, Constitutional Rights, Counterfeiting, Trademark Violations

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Commonwealth v. Omar J-162A-B-2008 (10/05/2009)
Topic: Trademark Counterfeiting – Constitutionality
Summary: 18 Pa.C.S.A. Section 4119, which prohibited the unauthorized use of a trademark, was struck down as being overbroad. The law prohibited any use of a trademark without considering whether the use was protected by the First Amendment right to free speech.

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BriefLaw: Commonwealth v. Gregory Philip Kendall

Published on 29 May 2009 by in Case Law Summaries, Constitutional Rights, DUI

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Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009)

Topic: Reasonable Suspicion – Automobile Stop – Officer’s Duty to Aid

Summary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable suspicion is not necessary.

Illustration: While driving on a desolate road in the middle of the night, Defendant pulled over. Although the officer was following Defendant for a few minutes, no motor vehicle violations were observed. The police officer asserted that he pulled over to see if everything was ok. The police do not need reasonable suspicion when they are acting on their duty to render aid. Therefore, the Superior Court found that this was not an investigative detention/stop and reasonable suspicion was not needed.

http://www.pacourts.us/OpPosting/Superior/out/S01024_09.pdf

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BriefLaw: Commonwealth v. Syvol Bowen

Published on 29 May 2009 by in Case Law Summaries, Constitutional Rights, sentencing

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Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009)

Topic: Sentencing – Fifth Amendment Right to Remain Silent

Summary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court may not use a defendant’s silence at a sentencing hearing as a proof that the defendant does not take responsibility for the offense.

http://www.pacourts.us/OpPosting/Superior/out/a04028_08.pdf

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BriefLaw: Commonwealth v. Charles Joseph Lucarelli

Published on 29 May 2009 by in Case Law Summaries, Constitutional Rights

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Commonwealth v. Charles Joseph Lucarelli J-83-2008 (5/27/2009)

Topic: Right to Counsel – Waiver or Forfeiture of Right to Counsel

Summary: Where a defendant forfeits his right to counsel, Pa.R.Crim. P. 121 does not apply and a colloquy is not necessary.

Illustration: The defendant could afford counsel and repeatedly chose not to retain an attorney. The Pennsylvania Supreme Court concluded that in such a case, the defendant has forfeited his right to counsel and must proceed pro se. Further, the trial court does not have to conduct a counsel waiver colloquy with the defendant as the colloquy is only applicable in cases where the defendant waives his right to counsel.

http://www.pacourts.us/OpPosting/Supreme/out/J-83-2008mo.pdf

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In the News: DC Judge denies injunction against checkpoints that prevent entry into neighborhood

Published on 30 October 2008 by in Checkpoints, Constitutional Rights

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A federal judge has refused to prevent Washington D.C. police from setting up traffic checkpoints that bar “motorists who would not prove they lived in the area or who did not reveal their destination” from entering the neighborhood. The Partnership for Civil Justice filed suit alleging that the checkpoints are unconstitutional.

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http://www.startribune.com/nation/33591914.html

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