by Lea Bickerton | Jun 13, 2009 | Case Law Summaries, Wiretapping
Commonwealth v. Jeffrey S. Cruttenden 2009 PA Super 109 (6/08/2009)Topic: Motion to Suppress – Intercepting Text Messages – Wiretap ActSummary: A text message is an electronic communication under the Wiretap Act. Therefore, a police officer may not...
by William Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights, DUI
Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009)Topic: Reasonable Suspicion – Automobile Stop – Officer’s Duty to AidSummary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable...
by William Bickerton | May 29, 2009 | Case Law Summaries, DUI, sentencing
Commonwealth v. Daniel J. Schmohl 2009 PA Super 97 (5/26/2009)Topic: DUI – Merger of OffensesSummary: Driving Under the Influence (DUI) with a high rate of alcohol is a lesser included offense of Aggravated Assault while Driving Under the Influence. Therefore,...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights, sentencing
Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009)Topic: Sentencing – Fifth Amendment Right to Remain SilentSummary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Sentence Modifications, sentencing
Commonwealth v. Matthew Wayne Dietrich J-61-2009 (5/27/2009)Topic: Restitution – Amending a Restitution OrderSummary: The Pennsylvania Supreme Court concluded that a restitution order that sets an amount of restitution and states that the order is subject to...
by Lea Bickerton | May 29, 2009 | Appeal, Case Law Summaries
Commonwealth v. Steven Gravely J-190-2008 (5/27/2009)Topic: Criminal Appeals – Extension of time to file a Statement Pursuant to Pa.R.A.P. 1925(b)Summary: An appellant must request an extension of time to file a Concise Statement of Matters Complained of on...