The Pittsburgh Post-Gazette reports that a federal judge may permit a drug case to proceed after the Allegheny County Office of the District Attorney destroyed evidence. The case, which is being heard by U.S. District Court Judge Gustave Diamond, involves a defendant who has been accused of possession with intent to deliver heroin. After the Allegheny County DA’s office transferred prosecution to the United States Attorney...
BriefLaw: Commonwealth v. Wayne McKibben
Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009) Topic: Mandatory Sentences – Drugs in Close Proximity to Firearms Summary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence under 18 Pa.C.S.A. Section 9712.1 is applicable. http://www.pacourts.us/OpPosting/Superior/out/A15039_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share...
In the News: Allegheny County DA threatens to label 3 Downtown PGH McDonald’s as nuisance establishments
Allegheny County District Attorney Stephen Zappala has informed the McDonald’s corporate office that his office will ” ‘initiate nuisance proceedings against three downtown McDonald’s locations,’ if action isn’t taken to stop alleged drug activity ‘in and around’ their stores. “ This action came after the manager of a Downtown Pittsburgh McDonald’s was arrested for possession with...
In the News: Armstrong County to get new drug offender probation officer
In January 2009, Armstrong County will have a new probation officer who will specialize in offenders with serious drug and alcohol problems. This new program is separate from Armstrong County’s drug court. Additionally, violent offenders will not qualify for the new supervision program. Compared to other probationers, offenders who are admitted to the program will have increased supervision. For more information, go to:...
BriefLaw: Commonwealth v. Springer
Commonwealth v. Springer 2008 PA Super 275 Topic: Burglary Merger- Possession With Intent to Deliver Summary: Under 18 Pa.C.S.A. Section 3502(d), burglary does not merge with the offense intended to be committed inside the structure if the offense is a first or second degree felony. Illustration: Carl W. Springer was convicted of burglary. He was alleged to have entered the structure with the intent to sell drugs inside. The Superior Court...
BriefLaw: Commonwealth v. Teeter
Commonwealth v. Teeter 2008 PA Super 272 Topic: Mandatory Sentence-Dealing Drugs near a Bus Stop Summary: Where a person deals drugs within 500 feet of a bus stop, the mandatory minimum sentence will apply regardless of whether the stop is marked or if school is not in session Illustration: The defendant was convicted of dealing drugs within 500 feet of a school bus stop. He argued that since the bus stop was unmarked, he had no way of knowing...