by Lea Bickerton | Apr 12, 2009 | sentencing
Federal Judge Robert C. Mitchell has ruled that common pleas judges in Pennsylvania are permitted to ban convicts from a municipality only when the defendant is given a “county sentence” (a county sentence is any sentence less than two years of...
by Lea Bickerton | Mar 31, 2009 | Case Law Summaries, sentencing
Commonwealth v. Ede 529 MAL 2008 (3/26/2009)Topic: Recidivist Sentencing LawsSummary: In Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. 2008), Ede was twice convicted of fleeing or eluding from law enforcement. However, Ede committed the second fleeing or eluding...
by Lea Bickerton | Mar 19, 2009 | Megan's Law, Proposed Laws, sentencing
Pennsylvania lawmakers are currently considering legislation that would require “ultra-violent” offenders to register under Megan’s Law. Under a Megan’s Law registry, members of the general public are able to see who the violent offenders are...
by Lea Bickerton | Mar 17, 2009 | Appeal, Case Law Summaries, sentencing
Commonwealth v. Michael John Paul Macias 2009 PA Super 45 (3/17/2009)Topic: Sentencing – Abuse of Discretion – Impermissible Factors to ConsiderSummary: Where a sentencing court justifies its enhanced sentence (in part) by stating that the facts of the...
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 | Jan 9, 2009 | Case Law Summaries, sentencing
Commonwealth v. Scassera 2009 PA Super 1 (1/05/2009)Topic: Law of the Case Doctrine & Sentencing GuidelinesSummary: 1.) Where a higher court has ruled on an issue, a lower court cannot contradict the higher court’s decision. 2.) A sentencing court must...
