by Lea Bickerton | Nov 12, 2008 | Case Law Summaries, Mandatory Sentence
U.S. v. Ganun (1st Cir.) No. 08-1416 Topic:Mandatory Minimum Sentencing for Crack CocaineSummary: 18 U.S.C. § 3582(c)(2) and the crack cocaine amendment do not affect mandatory minimum sentences for crack...
by Lea Bickerton | Oct 27, 2008 | Case Law Summaries, Checkpoints, DUI
Commonwealth v. Worthy J-39-2008Topic: DUI CheckpointsSummary: Police officers are permitted to suspend a DUI checkpoint and restart at a later time if the checkpoint creates unreasonable traffic delays.Illustration: Monroeville Police set up a DUI checkpoint on Route...
by Lea Bickerton | Oct 26, 2008 | Appeal, Case Law Summaries, Mandatory Sentence
Commonwealth v. Foster 2008 PA Super 252Topic: Mandatory Minimum SentencesSummary: A challenge alleging that a trial court erroneously applied a mandatory minimum sentence challenges the legality of the sentence, not the discretionary aspects of sentencing. Therefore,...
by Lea Bickerton | Oct 26, 2008 | Case Law Summaries, Non-Criminal Cases
R.W.E. v. A.B.K. and M.K. 2008 PA Super 253*This is not a Criminal Law case, but is interesting nonetheless*Topic: Child PaternitySummary: Where a father has claimed paternity of a child when he is aware that he may not be the biological father, he may not later claim...
by Lea Bickerton | Oct 19, 2008 | Case Law Summaries, Criminal Solicitation, Sex Crimes
Commonwealth v. Hacker 2008 PA Super 239Topic: Criminal Solicitation-Specific IntentSummary: Where a person is charged with criminal solicitation, the defendant must have the specific intent to commit the underlying offense. Therefore, unless the defendant meant to...
