BriefLaw: Commonwealth v. Willard Oakley Moser

Posted by on Jul 12, 2010 in Blog, Blog Posts, Evidentiary Issues, Guilty Pleas |

Commonwealth v. Willard Oakley Moser 2010 PA Super 119 (7/08/2010) Topic: Evidence of Prior Trials in Current Cases Summary: Under Pa.R.E. 410(a)(2), evidence of a prior nolo contendere plea is inadmissible in any future criminal proceedings. http://www.aopc.org/OpPosting/Superior/out/S33002_10.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new...

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BriefLaw: Commonwealth v. Young

Posted by on Jan 11, 2010 in Blog |

Commonwealth v. Gaylend L. Young 2010 PA Super 2 (1/06/2010) Topic: Admissibility of  Evidence of Prior Crime When Defendant is Acquitted – Prior Bad Acts Summary: Under Pa.R.E. 404, the Commonwealth may admit evidence of a previous crime as a prior bad act even where the defendant was acquitted in the prior trial (The evidence of prior crimes challenged in this case were confessions by the defendant)....

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BriefLaw: Commonwealth v. Rowe

Posted by on Nov 16, 2009 in Blog |

Commonwealth v. Collin Rowe 2009 PA Super 215 (11/12/2009) Topic: Warrantless Entry – Motion to Suppress Summary: A police officer must be able to identify exigent circumstances to justify a warrantless entry into a home.  An open door during the “typical waking hours of the night” with no other facts showing exigency is insufficient to justify a warrantless entry. Facts: During a nighttime storm that caused downed powerlines,...

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BriefLaw: Commonwealth v. Boich

Posted by on Oct 29, 2009 in Case Law Summaries |

Commonwealth v. Daryl Boich 2009 PA Super 195 (10/06/2009) Topic: Rape Charges – Sex Crime – Involuntary Psychiatric Evaluation of a Witness/Victim Summary: A court may not compel a witness/victim to submit to an involuntary psychiatric evaluation unless the record shows a compelling need for the evaluation. Gaps in testimony, even if those gaps are attributed to the use of prescription drugs with alcohol, are an issue of...

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