by Lea Bickerton | Jan 9, 2009 | Case Law Summaries, Parole, Search and Seizure
Commonwealth v. Hunter 2008 PA Super 294 (12/31/2008)Topic: Parolee-Validity of SearchSummary: Regardless of any waivers a parolee may have signed, the search of a parolee’s home must be supported by reasonable suspicion. Reasonable suspicion exists where a...
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...
by Lea Bickerton | Dec 29, 2008 | Case Law Summaries, Custodial Detention, Miranda Rights
Commonwealth v. Schwing 2008 PA Super 292Topic: Suppression – Miranda Warnings – Custodial DetentionSummary: Defendant was told that he was free to go at any time but, due to his lack of experience with police, did not feel that he was free to leave. The...
by Lea Bickerton | Dec 18, 2008 | Case Law Summaries
Commonwealth v. C.L. 2008 PA Super 286Topic: Court Fees – Juvenile CourtSummary: Where a juvenile has not been adjudicated delinquent or found guilty and maintains his innocence, the court cannot impose...
by Lea Bickerton | Dec 18, 2008 | Case Law Summaries
Commonwealth v. Samuel J-46-2008Topic: Two Strikes Law – BurglarySummary: Under the two strikes law (42 Pa.C.S.A. § 9714), the facts that make the mandatory sentence applicable are found by the sentencing court and not by the jury. In the case of a burglary, the...
