by Lea Bickerton | Oct 29, 2009 | Case Law Summaries
Commonwealth v. Daryl Boich 2009 PA Super 195 (10/06/2009) Topic: Rape Charges – Sex Crime – Involuntary Psychiatric Evaluation of a Witness/Victim Summary: A court may not compel a witness/victim to submit to an involuntary psychiatric evaluation unless...
by William Bickerton | Oct 29, 2009 | Case Law Summaries, DUI, sentencing
Commonwealth v. Patrick A. Haag, Sr J-41-2009 (10/23/2009) Topic: DUI – Prior Offenses Summary: For a DUI offense to be a second or subsequent conviction for sentencing purposes, the offender must be convicted of the prior offense before committing the second...
by Lea Bickerton | Oct 18, 2009 | Case Law Summaries, Constitutional Rights, Counterfeiting, Trademark Violations
Commonwealth v. Omar J-162A-B-2008 (10/05/2009)Topic: Trademark Counterfeiting – ConstitutionalitySummary: 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...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Parole, Probation, Search and Seizure, sentencing
Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009)Topic: Defendant’s Right to be Present – Parole and Probation SearchesSummary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Probation, sentencing
Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009)Topic: Terms of Probation – Undue RestrictionsSummary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to...
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...
