IN THE NEWS: Pennsylvania Changes to Sex Offender Registration/Megan’s Law

Posted by on Dec 19, 2012 in Blog, Blog Posts, In the News, Megan's Law, PCRA | 0 comments

Starting tomorrow, the rules for who must register as a Megan’s Law sex offender in Pennsylvania will change.  Under the new law, sex offenders are classified by three tiers.  Tier I offenders will have to register for 15 years.  Tier II offenders will have to register for 25 years.  Tier III offenders will have to register for life.  If you are currently serving a period of incarceration for a sexual offense, are currently on parole or...

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BriefLaw: Commonwealth v. Abraham

Posted by on Jun 17, 2010 in Blog, Case Law Summaries, Ineffective Assistance of Counsel, PCRA | 0 comments

Commonwealth v. Joseph Abraham  2010 PA Super 104 (6/08/2010) Topic: Ineffective Assistance of Counsel – PCRA – Collateral Consequences Summary: In view of the U.S. Supreme Court’s ruling in Padilla v. Kentucky, the fact that a consequence of a conviction is a collateral one will not protect an attorney from an ineffective assistance of counsel claim.  To be effective, an attorney must inform his client of any consequences...

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BriefLaw: Commonwealth v. Herbert Brian Stout

Posted by on Aug 6, 2009 in Case Law Summaries, PCRA | 0 comments

Commonwealth v. Herbert Brian Stout 2009 PA Super 122 (7/06/2009) Topic: PCRA – Timeliness and Right to Counsel for First PCRA Summary: A defendant has the right to counsel for a first PCRA regardless of whether the action appears untimely on its face. http://www.pacourts.us/OpPosting/Superior/out/S21039_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on...

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BriefLaw: Commonwealth v. Jeffrey Williams

Posted by on Aug 3, 2009 in Case Law Summaries, Megan's Law, PCRA | 0 comments

Commonwealth v. Jeffrey Williams 2009 PA Super 121 (7/002/2009) Topic: PCRA – Timeliness – Megan’s Law Registration Summary: Megan’s Law registration requirements are considered collateral consequences and the period of registration does not extend the time within which an appellant is permitted to file a PCRA petition. (In other words, once an appellant has completed his sentence, he is no longer eligible for PCRA...

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BriefLaw: Commonwealth v. Antoine Ligons

Posted by on May 29, 2009 in Case Law Summaries, Ineffective Assistance of Counsel, PCRA | 0 comments

Commonwealth v. Antoine Ligons J-121-2007 (5/27/2009) Majority Opinion by Justice Baer (joined by Justice Todd, joined by Justice Saylor in parts I-IV, VI, and VIII; joined by Chief Justice Castille, Justice Eakin and Justice McCaffery in parts I, the first half of part V, and the first half of part VII); Concurring Opinion by Chief Justice Castille (joined by Justice Eakin and Justice McCaffery); Concurring and Dissenting Opinion by Justice...

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BriefLaw: Commonwealth v. Marvin Jamine Robinson

Posted by on Apr 10, 2009 in Case Law Summaries, PCRA | 0 comments

Commonwealth v. Marvin Jamine Robinson 2009 PA Super 65 (4/09/2009) Topic: Post-Conviction Relief Act – Pro se Representation Summary: Where an appellant wishes to represent himself in a PCRA proceeding, the court must conduct a full colloquy pursuant to Pa.R.Crim.P. 121 before permitting the appellant to proceed pro se. Note: This decision overrules the opinion in Commonwealth v. Murray, 836 A.2d 956 (Pa.Super. 2003) concluding that a...

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