by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Mandatory Sentence
Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009)Topic: Mandatory Sentence – Deadly Weapon EnhancementSummary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore,...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Drug Crimes, Gun Crimes, Mandatory Sentence
Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009)Topic: Mandatory Sentences – Drugs in Close Proximity to FirearmsSummary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence...
by Lea Bickerton | Aug 15, 2009 | Case Law Summaries, Suppression of Evidence
Commonwealth v. Aaron Jones 2009 PA Super 145 (7/27/2009)Topic: Motion to Suppress – Flashlight/Spotlights – Plain ViewSummary: The police are permitted to use a spotlight or headlights in order to get a better view of items that are on a...
by Lea Bickerton | Aug 6, 2009 | Case Law Summaries, Probation, Restitution
Commonwealth v. Grace May Nuse 2009 PA Super 125 (7/08/2009)Topic: Restitution as a Condition of ProbationSummary: An indirect link between a defendant’s criminal act and a victim’s loss is sufficient where restitution is ordered as a condition of...
by Lea Bickerton | Aug 6, 2009 | Case Law Summaries, PCRA
Commonwealth v. Herbert Brian Stout 2009 PA Super 122 (7/06/2009)Topic: PCRA – Timeliness and Right to Counsel for First PCRASummary: A defendant has the right to counsel for a first PCRA regardless of whether the action appears untimely on its...
