BriefLaw: Commonwealth v. Gregory Philip Kendall

Posted by on May 29, 2009 in Case Law Summaries, Constitutional Rights, DUI | 0 comments

Commonwealth v. Gregory Philip Kendall 2009 PA Super 100 (5/29/2009) Topic: Reasonable Suspicion – Automobile Stop – Officer’s Duty to Aid Summary: Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable suspicion is not necessary. Illustration: While driving on a desolate road in the middle of the night, Defendant pulled over. Although the officer was following Defendant for a few...

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BriefLaw: Commonwealth v. Syvol Bowen

Posted by on May 29, 2009 in Case Law Summaries, Constitutional Rights, sentencing | 0 comments

Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009) Topic: Sentencing – Fifth Amendment Right to Remain Silent Summary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court may not use a defendant’s silence at a sentencing hearing as a proof that the defendant does not take responsibility for the offense....

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BriefLaw: Commonwealth v. Charles Joseph Lucarelli

Posted by on May 29, 2009 in Case Law Summaries, Constitutional Rights | 0 comments

Commonwealth v. Charles Joseph Lucarelli J-83-2008 (5/27/2009) Topic: Right to Counsel – Waiver or Forfeiture of Right to Counsel Summary: Where a defendant forfeits his right to counsel, Pa.R.Crim. P. 121 does not apply and a colloquy is not necessary. Illustration: The defendant could afford counsel and repeatedly chose not to retain an attorney. The Pennsylvania Supreme Court concluded that in such a case, the defendant has forfeited...

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In the News: DC Judge denies injunction against checkpoints that prevent entry into neighborhood

Posted by on Oct 30, 2008 in Checkpoints, Constitutional Rights | 0 comments

A federal judge has refused to prevent Washington D.C. police from setting up traffic checkpoints that bar “motorists who would not prove they lived in the area or who did not reveal their destination” from entering the neighborhood. The Partnership for Civil Justice filed suit alleging that the checkpoints are unconstitutional. For more information, go to: http://www.startribune.com/nation/33591914.html Share this:Click to share on...

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