by Lea Bickerton | Feb 13, 2009 | Case Law Summaries, Criminal Law and Immigration Issues
Commonwealth v. Nava 2009 PA Super 28 (2/11/2009)Topic: State Judge requiring Illegal Alien to Leave PennsylvaniaSummary: State judges are permitted to investigate the citizenship status of a defendant. Further, a sentencing judge may not order an illegal alien to...
by Lea Bickerton | Feb 13, 2009 | Case Law Summaries, Guilty Pleas
Commonwealth v. Stutler 2009 PA Super 30 (2/11/2009)Topic: Use of Statements Made as a Result of Plea NegotiationsSummary: Where the defendant’s statement is involuntary and/or solicited and the defendant is under arrest, statements made as a result of a plea...
by Lea Bickerton | Feb 13, 2009 | Case Law Summaries, Identification Issues
Commonwealth v. Crork 2009 PA Super 24 (2/10/2009)Topic: Tattoo IdentificationSummary: The Pennsylvania Superior Court concluded that a tattoo is an inanimate object and not subject to the heightened identification/line-up protections to which an individual himself is...
by Lea Bickerton | Feb 5, 2009 | Case Law Summaries, Probation
Commonwealth v. Woods 2009 PA Super 19Topic: Probation Violation – Right to a speedy violation hearingSummary: Probationer was not denied his right to a speedy probation violation hearing where probationer was sentenced for a new offense and was subject to a...
by Lea Bickerton | Feb 4, 2009 | Animal Cruelty, Case Law Summaries
Commonwealth v. Kneller 2009 PA Super 18Topic: Animal Cruelty – Owner Using a Firearm to Terminate Animal’s LifeSummary: An animal’s owner may humanely terminate the life of his or her animal by the use of barbiturates or by the use of a firearm...
by Lea Bickerton | Jan 27, 2009 | Case Law Summaries, Escape Charges
Commonwealth v. Maldonado, et al. 2009 PA Super 15Topic: Escape – Defendants on Probation and ParoleSummary: The Pennsylvania Superior Court determined that 18 Pa.C.S.A. § 5121 applies to probationers and parolees who have violated the terms of their release,...