by Lea Bickerton | Jan 27, 2009 | Case Law Summaries, Suppression of Evidence
Commonwealth v. Pridgen 2009 PA Super 12Topic: Suppression-WiretapsSummary: The Pennsylvania Superior Court held that evidence that is the result of an illegal wiretap may be admissible under certain circumstances, but the transcript and recording of the illegal...
by Lea Bickerton | Jan 27, 2009 | Case Law Summaries, Gun Crimes
Commonwealth v. McCoy J-48-2008Topic: Firearm Offenses-Discharge of Weapon into an Occupied StructureSummary: The Pennsylvania Supreme Court held that a person cannot be convicted of discharging a firearm into an occupied structure if the defendant is inside the...
by Lea Bickerton | Jan 23, 2009 | Case Law Summaries, Mandatory Sentence
Commonwealth v. Hoke J-167-2008Topic: Mandatory Sentence – Conspiracy to Manufacture a Controlled SubstanceSummary: The mandatory minimum sentencing provision of 35 P.S. § 780-113(k) does not apply to conspiracy to manufacture of a controlled substance. The...
by Lea Bickerton | Jan 23, 2009 | Case Law Summaries, Suppression of Evidence
Commonwealth v. Snyder, et al. J-56ABCD-2008Topic: Suppression of Results from Destroyed EvidenceSummary: Where the prosecution has destroyed evidence before the defense has the opportunity to test and/or examine the evidence, suppression may only be granted if the...
by Lea Bickerton | Jan 20, 2009 | Case Law Summaries
Commonwealth v. Hanna 2009 PA Super 3Topic: ExpungementsSummary: When a defendant files a motion to expunge, the Commonwealth bears the burden of proving that Commonwealth v. Lutz is applicable. If Lutz is not applicable, then the court will determine whether the...