BriefLaw: Commonwealth v. Willard Oakley Moser

Posted by on Jul 12, 2010 in Blog, Blog Posts, Evidentiary Issues, Guilty Pleas |

Commonwealth v. Willard Oakley Moser 2010 PA Super 119 (7/08/2010) Topic: Evidence of Prior Trials in Current Cases Summary: Under Pa.R.E. 410(a)(2), evidence of a prior nolo contendere plea is inadmissible in any future criminal proceedings. http://www.aopc.org/OpPosting/Superior/out/S33002_10.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new...

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BriefLaw: Commonwealth v. Doty

Posted by on Jun 17, 2010 in Blog, Blog Posts, Case Law Summaries |

Commonwealth v. Christopher Doty  2010 PA Super 105 (06/09/2010) Topic: Fugitive Status – Waiver v. Forfeiture of Appellate Rights – Challenging an Illegal Sentence Summary: When a defendant becomes a fugitive from justice during the appellate period, he may forfeit his right to pursue an appellate review.  This forfeiture applies to issues that cannot be waived, like the legality of the sentence....

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BriefLaw: Commonwealth v. Abraham

Posted by on Jun 17, 2010 in Blog, Case Law Summaries, Ineffective Assistance of Counsel, PCRA |

Commonwealth v. Joseph Abraham  2010 PA Super 104 (6/08/2010) Topic: Ineffective Assistance of Counsel – PCRA – Collateral Consequences Summary: In view of the U.S. Supreme Court’s ruling in Padilla v. Kentucky, the fact that a consequence of a conviction is a collateral one will not protect an attorney from an ineffective assistance of counsel claim.  To be effective, an attorney must inform his client of any consequences...

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BriefLaw: Commonwealth v. Rodriguez

Posted by on Jan 31, 2010 in Blog |

Commonwealth v. Lenora Rodriguez 2010 PA Super 14 (1/29/2010) Topic: Retail Theft – Intent Element of the Offense Summary: To convict a defendant of Retail Theft, the Commonwealth must prove that she had intent to permanently deprive the store of the merchandise. Illustration: Defendant was accused of taking a portable stereo from the electronics department of a Walmart store to the customer service desk of the same store.  At the...

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BriefLaw: Commonwealth v. Young

Posted by on Jan 11, 2010 in Blog |

Commonwealth v. Gaylend L. Young 2010 PA Super 2 (1/06/2010) Topic: Admissibility of  Evidence of Prior Crime When Defendant is Acquitted – Prior Bad Acts Summary: Under Pa.R.E. 404, the Commonwealth may admit evidence of a previous crime as a prior bad act even where the defendant was acquitted in the prior trial (The evidence of prior crimes challenged in this case were confessions by the defendant)....

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