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...
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...
