BriefLaw: Commonwealth v. Monarch

Posted by on Feb 11, 2019 in Blog, Case Law Summaries, Constitutional Rights, DUI, Legal Briefs, Mandatory Sentence | 0 comments

Topic: DUI – Refusal of Chemical Testing – Birchfield – Mandatory Sentence – Alleyne Summary: The mandatory minimum sentence given by the Venango County Court of Common Pleas for a DUI chemical test refusal was unconstitutional. 1.) Defendants cannot be given a mandatory minimum sentence for refusing to submit to a warrantless blood test. 2.) A defendant who refused a blood test cannot be subject to enhanced sentencing based on the refusal to...

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IN THE NEWS: Allegheny County DA explains right to videotape police

Posted by on Aug 20, 2013 in Blog, Blog Posts, Constitutional Rights, In the News | 0 comments

Allegheny County District Attorney Stephen Zappala issued a statement outlining the public’s right to videotape police officers. DA Zappala explained that a person has the right to videotape police officers who are on duty but people do not have the right to antagonize the officers or attempt to provoke an arrest. He also advised that police officers are not permitted to arrest individuals for videotaping police actions.  DA Zappala also...

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In the News: Federal Prosecutors seek life-sentence in OH beard-cutting hate crime case

Posted by on Feb 5, 2013 in Blog, Blog Posts, Constitutional Rights, In the News, Sentencing and Punishments | 0 comments

US attorneys are recommending a sentence of life in prison for Samuel Mullet.  Mullet is an Amish bishop convicted of conspiracy and federal hate crimes after a string of attacks in which Amish individuals had their hair and beards cut with shears against their will.  Mullet’s attorney, Edward Bryan is advocating for a sentence that calls for two years of incarceration.  In his sentencing memorandum, Attorney Bryan noted that...

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BriefLaw: Commonwealth v. Bradford

Posted by on May 30, 2012 in Case Law Summaries, Constitutional Rights, Legal Briefs | 0 comments

Commonwealth v. David Bradford  2 WAP 2011 (05/30/2012) Topic: Constitutional Rights – Right to a Speedy Trial – Rule 600 Summary: The prosecution is permitted to rely upon the judicial system in its system for case tracking.  Therefore, if the judicial system errs in its case management and the prosecutor relies on the judicial system for its information, the prosecutor will not be faulted for speedy trial purposes. Facts:  The Allegheny...

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In the News: Craigslist lawsuit dismissed

Posted by on Oct 23, 2009 in Constitutional Rights, In the News, Prostitution | 0 comments

U.S. District Court Judge John Grady has dismissed a lawsuit filed against Craiglist alleging that the company failed to adequately deter prostitutes from posting in its “Erotic Services” (now “Adult Services”) section. Judge Grady concluded that the services offered were for legal activities such as erotic dancing and did not explicitly promote prostitution. Judge Grady also noted that prohibiting the conduct may...

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BriefLaw: Commonwealth v. Omar

Posted by on Oct 18, 2009 in Case Law Summaries, Constitutional Rights, Counterfeiting, Trademark Violations | 0 comments

Commonwealth v. Omar J-162A-B-2008 (10/05/2009) Topic: Trademark Counterfeiting – Constitutionality Summary: 18 Pa.C.S.A. Section 4119, which prohibited the unauthorized use of a trademark, was struck down as being overbroad. The law prohibited any use of a trademark without considering whether the use was protected by the First Amendment right to free speech. http://www.aopc.org/OpPosting/Supreme/out/J-162A&B-2008mo.pdf Share...

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