by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Mandatory Sentence, sentencing
Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)Topic: Sentencing – Mandatory MinimumSummary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory...
by Lea Bickerton | Aug 23, 2009 | In the News, Mandatory Sentence, sentencing
Debra Erdley reports in the Sunday, August 23, 2009 Pittsburgh Tribune-Review that while “tough on crime” laws have served to increase prison populations, there has been no corresponding decrease in the crime rate. According to State Senator Stewart...
by William Bickerton | May 29, 2009 | Case Law Summaries, DUI, sentencing
Commonwealth v. Daniel J. Schmohl 2009 PA Super 97 (5/26/2009)Topic: DUI – Merger of OffensesSummary: Driving Under the Influence (DUI) with a high rate of alcohol is a lesser included offense of Aggravated Assault while Driving Under the Influence. Therefore,...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Constitutional Rights, sentencing
Commonwealth v. Syvol Bowen 2009 PA Super 94 (5/21/2009)Topic: Sentencing – Fifth Amendment Right to Remain SilentSummary: A sentencing court may not use a defendant’s silence as its sole reason for enhancing a sentence. Additionally, a sentencing court...
by Lea Bickerton | May 29, 2009 | Case Law Summaries, Sentence Modifications, sentencing
Commonwealth v. Matthew Wayne Dietrich J-61-2009 (5/27/2009)Topic: Restitution – Amending a Restitution OrderSummary: The Pennsylvania Supreme Court concluded that a restitution order that sets an amount of restitution and states that the order is subject to...
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...
