by Lea Bickerton | Sep 19, 2009 | 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...
by Lea Bickerton | Sep 19, 2009 | 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...
by Lea Bickerton | Aug 6, 2009 | 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...
by Lea Bickerton | May 5, 2009 | 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...
by Lea Bickerton | Mar 9, 2009 | Probation, sentencing
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...
by Lea Bickerton | Feb 28, 2009 | 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...
