by Bickerton Law | Feb 11, 2019 | Blog, Case Law Summaries, Constitutional Rights, DUI, Legal Briefs, Mandatory Sentence
Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a...
by Lea Bickerton | May 30, 2012 | Blog, Blog Posts, Case Law Summaries, Legal Briefs
Commonwealth v. Michael Willis 9 EAP 2009 (05/30/2012) Topic: Constitutional Rights – Right to a Fair Trial – Brady Violation Summary: The prosecution is required to turn over any evidence that is material under Brady v. Maryland, 373 U.S. 83 (1963); regardless...
by Lea Bickerton | May 30, 2012 | Case Law Summaries, Constitutional Rights, Legal Briefs
Commonwealth v. David Bradford 2 WAP 2011 (05/30/2012) Topic: Constitutional Rights – Right to a Speedy Trial – Rule 600 Summary: The prosecution is permitted to rely upon the judicial system in its system for case tracking. Therefore, if the judicial system...
by Lea Bickerton | Jun 17, 2010 | Blog, Blog Posts, Case Law Summaries
Commonwealth v. Christopher Doty 2010 PA Super 105 (06/09/2010) Topic: Fugitive Status – Waiver v. Forfeiture of Appellate Rights – Challenging an Illegal Sentence Summary: When a defendant becomes a fugitive from justice during the appellate period, he...
by Lea Bickerton | Jun 17, 2010 | Blog, Case Law Summaries, Ineffective Assistance of Counsel, PCRA
Commonwealth v. Joseph Abraham 2010 PA Super 104 (6/08/2010) Topic: Ineffective Assistance of Counsel – PCRA – Collateral Consequences Summary: In view of the U.S. Supreme Court’s ruling in Padilla v. Kentucky, the fact that a consequence of a...
by Lea Bickerton | Oct 29, 2009 | Case Law Summaries
Commonwealth v. Thomas A. Perry, Jr. 2009 PA Super 196 (10/06/2009) Topic: DUI – Reasonable Suspicion for a Traffic Stop Summary: When an officer observes a driver operating a vehicle in such a fashion that there is the potential for an accident, there is...
