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...

Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009) Topic: Terms of Probation – Undue Restrictions Summary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to commit her offense, the trial court is not justified in prohibiting Internet usage as a term of probation. http://www.pacourts.us/OpPosting/Superior/out/s23028_09.pdf Share...

Commonwealth v. Grace May Nuse 2009 PA Super 125 (7/08/2009) Topic: Restitution as a Condition of Probation Summary: An indirect link between a defendant’s criminal act and a victim’s loss is sufficient where restitution is ordered as a condition of probation. http://www.pacourts.us/OpPosting/Superior/out/A11034_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to...

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...

A recent study shows that Pennsylvania is above the national average for the number of its citizens in jail, on probation, or on parole. In “One in 31: the Long Reach of American Corrections,” by the Pew Center, Pennsylvania is shown to have one out of every 28 citizens under “correctional control.” This means that one out of every 28 Pennsylvanians is either in prison, on probation, or on parole. The study also shows...

Commonwealth v. Eric Richard Johnson 2009 PA Super 36 (2/26/2009) Topic: Probation – Credit for Time Served Summary: 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 initial sentencing and time served prior to the sentencing for his probation violation. Illustration: Defendant was arrested for charges and spent time in prison from June 21,...