by Lea Bickerton | Jun 22, 2009 | Case Law Summaries, Double Jeopardy, Supreme Court
Yeager v. United States US SCT No. 08–67 (06/18/2009)Topic: Double Jeopardy – Partial AcquittalSummary: 1.) Where a defendant has been acquitted of some charges, any issue that is a fundamental part of the jury’s decision cannot be retried. 2.) Where a...
by Lea Bickerton | Jun 13, 2009 | Case Law Summaries
Commonwealth v. Anthony Michael Lawson 2009 PA Super 110 (6/10/2009)Topic: Prohibited Offensive WeaponsSummary: Since a prohibited offensive weapon is any weapon that serves no common lawful purpose, the evidence is sufficient to convict where a weapons expert...
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...
