by Lea Bickerton | May 29, 2009 | Case Law Summaries, Ineffective Assistance of Counsel, PCRA
Commonwealth v. Antoine Ligons J-121-2007 (5/27/2009)Majority Opinion by Justice Baer (joined by Justice Todd, joined by Justice Saylor in parts I-IV, VI, and VIII; joined by Chief Justice Castille, Justice Eakin and Justice McCaffery in parts I, the first half of...
by Lea Bickerton | May 28, 2009 | Case Law Summaries, Supreme Court
Montejo v. Louisiana U.S. SCT 07-1529 (May 26, 2009)Topic: Right to Counsel – Miranda Rights – Custodial InterrogationSummary: In order for the right to counsel to be invoked, the defendant must proactively request a lawyer. The mere appointment of an...
by Lea Bickerton | May 17, 2009 | Appeal, Case Law Summaries
Commonwealth v. Michael Burton 2009 PA Super 87 (5/13/2009)Topic: Statement Pursuant to 1925(b) – Waiver – Late FilingSummary: The late filing of a 1925(b) statement is per se ineffectiveness. Therefore, the late filing of a 1925(b) statement will be...
by Lea Bickerton | May 5, 2009 | Case Law Summaries, Fifth Amendment
In the Interest of M.W. 2009 PA Super 85 (5/05/2009)Topic: Self-Incrimination – Cross-ExaminationSummary: Where a defendant takes the stand for limited purposes, s/he must state the limited purpose and invoke the Fifth Amendment right against self-incrimination...
by William Bickerton | May 5, 2009 | Case Law Summaries, DUI
Commonwealth v. Matthew Sibley 2009 PA Super 84 (5/05/2009)Topic: DUI – Blood Alcohol Content (BAC) – Coefficient of VariationSummary: Where the coefficient of variation fails to indicate that the defendant may have been operating a vehicle while below the...
by Lea Bickerton | May 5, 2009 | Case Law Summaries, Parole, Probation, sentencing
Commonwealth v. Mears 2009 PA Super 83 (5/04/2009)Topic: Sentencing Conditions – Random Searches as a Condition of Probation or ParoleSummary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of...
