by Lea Bickerton | Nov 29, 2008 | Case Law Summaries, Motor Vehicle Search
Commonwealth v. Kemp, 2008 PA Super 274Topic: Motor Vehicle Stops-Ortiz and JohnsonSummary: When a defendant is told he is free to leave in a motor vehicle stop and the police officers engage him before he leaves the scene, the police officers are not required to...
by Lea Bickerton | Nov 19, 2008 | Case Law Summaries
Johnson v. Tennis No. 07-1968 (3rd Circuit)Topic: Bruton Rule- Non-Jury TrialSummary: The Bruton rule, which bars the incriminating testimony of a non-testifying co-defendant which implicates the defendant, does not apply to non-jury...
by Lea Bickerton | Nov 19, 2008 | Case Law Summaries, Drug Crimes, Mandatory Sentence
Commonwealth v. Teeter 2008 PA Super 272Topic: Mandatory Sentence-Dealing Drugs near a Bus StopSummary: Where a person deals drugs within 500 feet of a bus stop, the mandatory minimum sentence will apply regardless of whether the stop is marked or if school is not in...
by Lea Bickerton | Nov 19, 2008 | Case Law Summaries
Commonwealth v. Dowling J-88-2008Topic: Jury Trial Waiver-When Trial CommencesSummary: For purposes of Pa.R.Crim.P. 621(b), a trial has commenced “when a court has begun to hear motions which have been reserved for the time of trial; when oral arguments have...
by Lea Bickerton | Nov 17, 2008 | Case Law Summaries
Commonwealth v. Jamar Johnson 2008 PA Super 269Topic: Sentencing-Apprendi ViolationSummary: Where the defendant had conceded an element of an offense that led to an increase in the grading of the offense, the jury does not need to make a specific finding of fact on...
