In the News: Pa Legislature works to de-felonize sexting

Posted by on Jan 26, 2010 in Blog |

After several cases where district attorneys have pursued felony charges against teens accused of sending sexually explicit photos of themselves, the Pennsylvania General Assembly House of Representatives is proposing a bill that would make “sexting” by teens a second-degree misdemeanor.   The statute would amend the criminal code by adding 18 Pa.C.S.A. § 6321. The new statute would prohibit any minor over the age of 13 from sending...

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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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In the News: Rape charges dismissed after right to speedy trial violated

Posted by on Dec 3, 2009 in Blog |

A Pittsburgh man was released from the Allegheny County Jail after he was held in custody for 14 months without being brought to trial.  The Allegheny County District Attorney’s office claims that a computer glitch caused the office to miss the speedy trial deadline. For more information, go to: http://kdka.com/local/Wilkinsburg.rape.suspect.2.1346655.html Share this:Click to share on Facebook (Opens in new window)Click to share on...

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In the News: Viruses may lead to child porn convictions

Posted by on Nov 8, 2009 in Blog |

The Associated Press reports that it is possible for defendants to be wrongfully convicted of child pornography charges due to computer viruses.  The story notes that pedophiles and other malicious actors can use computer viruses to remotely store child pornography on a hacked computer. For more information, go to: http://tech.yahoo.com/news/ap/20091108/ap_on_hi_te/us_tec_a_virus_framed_me Share this:Click to share on Facebook (Opens in new...

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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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