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 mandatory minimum sentence for refusing to submit to a warrantless blood test. 2.) A defendant who refused a blood test cannot be subject to enhanced sentencing based on the refusal to...

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 of whether or not that evidence is admissible in court. http://www.pacourts.us/OpPosting/Supreme/out/J-86-2009oajc.pdf Share this:Click to share on Facebook (Opens in new...

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 errs in its case management and the prosecutor relies on the judicial system for its information, the prosecutor will not be faulted for speedy trial purposes. Facts:  The Allegheny...

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 may forfeit his right to pursue an appellate review.  This forfeiture applies to issues that cannot be waived, like the legality of the sentence....

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 conviction is a collateral one will not protect an attorney from an ineffective assistance of counsel claim.  To be effective, an attorney must inform his client of any consequences...

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 reasonable suspicion to stop the vehicle. http://www.aopc.org/OpPosting/Superior/out/s38036_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter...