Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not make any...

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. 2.) Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not...

Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009) Topic: Terms of Probation – Undue Restrictions Summary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to commit her offense, the trial court is not justified in prohibiting Internet usage as a term of probation. http://www.pacourts.us/OpPosting/Superior/out/s23028_09.pdf Share...

Commonwealth v. Grace May Nuse 2009 PA Super 125 (7/08/2009) Topic: Restitution as a Condition of Probation Summary: An indirect link between a defendant’s criminal act and a victim’s loss is sufficient where restitution is ordered as a condition of probation. http://www.pacourts.us/OpPosting/Superior/out/A11034_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to...

Commonwealth v. Mears 2009 PA Super 83 (5/04/2009) Topic: Sentencing Conditions – Random Searches as a Condition of Probation or Parole Summary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of Mears’ sentence. The sentence was invalid because 1.) Mears was not sentenced to probation and 2.) Mears’ was given a state sentence, therefore, the sentencing court could not...