by Lea Bickerton | Oct 19, 2008 | Case Law Summaries, Escape Charges
Commonwealth v. Santana 2008 PA Super 246Topic: Escape-What is a detention for escape purposesSummary: Where law enforcement has put on a display of force and attempts to “restrain the liberty” of the defendant, there is a detention. Example: Santana was...
by Lea Bickerton | Oct 11, 2008 | Appeal, Case Law Summaries, sentencing
Commonwealth v. O’Malley 2008 PA Super 224 Topic: Sentencing Summary: If you negotiate a sentence, you can’t come back and challenge the discretionary aspects of sentencing. Click to access s36045_08.pdf Share this:Click to share on Facebook (Opens in new window)Click...
by Lea Bickerton | Oct 9, 2008 | Case Law Summaries, Homicide, Mandatory Sentence, sentencing
Commonwealth v. Morris 2008 PA Super 235Topic: Enhanced Sentencing-HomicideSummary: For sentencing purposes, where two murders are tried together, the second charge may be used to give the defendant a mandatory life sentence under 42 Pa.C.S.A. §...
by Lea Bickerton | Oct 8, 2008 | Case Law Summaries, furtive movement, Motor Vehicle Search, Weapon Search for Officer Safety
In the Interest of O.J. 2008 PA Super 234Topic: Motor Vehicle Stop-Vehicle SearchBrief Legal Summary: If the driver or passenger of a vehicle makes furtive movements in a vehicle, the police may search the area where the movements were directed for their safety:Case...
by Lea Bickerton | Oct 7, 2008 | Case Law Summaries, Forgery
Commonwealth v. Pantalion 2008 PA Super 226 Topic: Forgery Summary: Since a money order has an “intrinsic monetary value,” forgery of a money order is a second-degree felony. Click to access s33009_08.pdf Share this:Click to share on Facebook (Opens in new...