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 SearchesSummary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including...
Case Law Summaries, Probation, sentencing
Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009)Topic: Terms of Probation – Undue RestrictionsSummary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to...
Case Law Summaries, Probation, Restitution
Commonwealth v. Grace May Nuse 2009 PA Super 125 (7/08/2009)Topic: Restitution as a Condition of ProbationSummary: An indirect link between a defendant’s criminal act and a victim’s loss is sufficient where restitution is ordered as a condition of...
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 ParoleSummary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of...
Case Law Summaries, Probation
Commonwealth v. Eric Richard Johnson 2009 PA Super 36 (2/26/2009)Topic: Probation – Credit for Time ServedSummary: Where a defendant was sentenced for a probation violation, the Superior Court concluded that he was entitled to credit for time-served prior to his...
