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...
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...
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...
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...
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...
