by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Parole, Probation, Search and Seizure, sentencing
Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009)Topic: Defendant’s Right to be Present – Parole and Probation SearchesSummary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Probation, sentencing
Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009)Topic: Terms of Probation – Undue RestrictionsSummary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to...
by Lea Bickerton | Sep 19, 2009 | Case Law Summaries, Mandatory Sentence, sentencing
Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)Topic: Sentencing – Mandatory MinimumSummary: When a statute uses the language “not less than,” the sentence referred to must be interpreted to be a mandatory...
by Lea Bickerton | Sep 19, 2009 | Appeal, Case Law Summaries
Commonwealth v. Israel Santiago J-34-2009 (8/25/2009)Topic: Motion to Withdraw – Anders BriefSummary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Jurisdiction Issues
Commonwealth v. Derek Bloom 2009 PA Super 150 (7/31/2009)Topic: Police Jurisdiction – Port Authority PoliceSummary: The jurisdiction of Port Authority police (and other railway and railway street police officers) extends to any area that is in the immediate and...
