BriefLaw: Commonwealth v. Harry Galendez

Posted by on Sep 19, 2009 in Case Law Summaries, Parole, Probation, Search and Seizure, sentencing |

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. 2.) Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not...

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BriefLaw: Commonwealth v. Mears

Posted by on May 5, 2009 in 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 Parole Summary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of Mears’ sentence. The sentence was invalid because 1.) Mears was not sentenced to probation and 2.) Mears’ was given a state sentence, therefore, the sentencing court could not...

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BriefLaw: Commonwealth v. Desmond Scott

Posted by on Feb 28, 2009 in Case Law Summaries, Escape Charges, Parole |

Commonwealth v. Desmond Scott 2009 PA Super 34 (2/25/2009) Topic: Escape Charges – Parole v. Pre-release Status Summary: Where a defendant is under pre-release status, he is not on parole and can thus be charged with escape if he leaves detention without permission. http://www.pacourts.us/OpPosting/Superior/out/a01010_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to...

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BriefLaw: Commonwealth v. Hunter

Posted by on Jan 9, 2009 in Case Law Summaries, Parole, Search and Seizure |

Commonwealth v. Hunter 2008 PA Super 294 (12/31/2008) Topic: Parolee-Validity of Search Summary: Regardless of any waivers a parolee may have signed, the search of a parolee’s home must be supported by reasonable suspicion. Reasonable suspicion exists where a parolee is in violation, the parolee has absconded from supervision, and the officers are attempting to find information pertaining to the parolee’s whereabouts. Judge...

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In the News: Gov. Rendell lifts parole moratorium for "violent" offenders

Posted by on Dec 1, 2008 in Parole |

After receiving the results of a review of Pennsylvania’s parole system, Gov. Rendell has lifted the moratorium on state parole for violent offenders. The review concluded that the “state’s existing procedures were sound.” The review also recommends procedures for classifying violent offenders, determining which are likely to reoffend, and determining whether the offender is likely to commit a violent crime. For more...

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In the News: Parole moratorium lifted for non-violent offenders

Posted by on Oct 21, 2008 in Parole |

Governor Rendell has lifted the moratorium on parole for non-violent offenders. The moratorium is still in effect for violent offenders. http://www.post-gazette.com/pg/08295/921550-100.stm Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to email this to a friend (Opens in new...

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