by Lea Bickerton | Apr 20, 2009 | Case Law Summaries, Ineffective Assistance of Counsel
Commonwealth v. Dwayne Brown 2009 PA Super 69 (4/15/2009)Topic: PCRA-Ineffective Assistance of Counsel – Conflict of InterestSummary: Although dual representation does not create an automatic conflict of interest, an attorney who attempts to represent multiple...
by William Bickerton | Apr 11, 2009 | Case Law Summaries, DUI, Search and Seizure, Suppression of Evidence
Commonwealth v. Shawn Fickes 2009 PA Super 64 (4/08/2009)Topic: DUI – Suppression of Evidence – Exigent CircumstancesSummary: An officer may enter a the garage of a private residence when he has probable cause to believe that the driver of a vehicle that...
by Lea Bickerton | Apr 10, 2009 | Case Law Summaries, PCRA
Commonwealth v. Marvin Jamine Robinson 2009 PA Super 65 (4/09/2009)Topic: Post-Conviction Relief Act – Pro se RepresentationSummary: Where an appellant wishes to represent himself in a PCRA proceeding, the court must conduct a full colloquy pursuant to...
by Lea Bickerton | Apr 8, 2009 | Case Law Summaries, Sex Crimes
Commonwealth v. Leon Parham 2009 PA Super 61 (4/03/2009)Topic: Merger of Rape and Statutory Sexual AssaultSummary: For purposes of sentencing, rape and statutory sexual assault (statutory rape) do not merge.Illustration: Parham was convicted of rape and statutory...
by Lea Bickerton | Mar 31, 2009 | Case Law Summaries, sentencing
Commonwealth v. Ede 529 MAL 2008 (3/26/2009)Topic: Recidivist Sentencing LawsSummary: In Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. 2008), Ede was twice convicted of fleeing or eluding from law enforcement. However, Ede committed the second fleeing or eluding...
by Lea Bickerton | Mar 17, 2009 | Case Law Summaries, PCRA
Commonwealth v. William Mikell 2009 PA Super 44 (3/17/2009)Topic: PCRA – Waiver – Reinstatement of Right to a Direct AppealSummary: When an issue is waived on direct appeal, an appellant cannot later claim that he was denied the right to a direct...
