By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court did not abuse its discretion in denying defendant's request to withdraw a guilty plea where such request was made after defendant learned of the commonwealth's recommended sentence, and defendant's assertion of innocence was not plausible. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Police had reasonable suspicion to investigate, pursuant to a potential violation of the statutory duty to report a crashed vehicle, whether the operator of that vehicle was in a second vehicle stopped by police, since the second vehicle stopped on the same stretch of deserted roadway long enough to pick someone up, and was registered to an individual sharing the same last name as the operator of the crashed vehicle. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The commonwealth was required to prove, beyond a reasonable doubt, that a juvenile offender was incapable of rehabilitation for a sentencing court to impose a sentence of life without the possibility of parole. Judgment of sentence reversed, case remanded for resentencing.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erroneously permitted commonwealth to reinstate dismissed charge at the beginning of trial without notice to defendant, and further erred by granting the commonwealth's motion at the close of evidence, thereby depriving defendant of opportunity to prepare and present defense to reinstated charge. Judgment of sentence reversed, charge dismissed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The trial court properly held that defendant was not entitled to the suppression of a certain evidence, i.e., a handgun and packets of crack cocaine he discarded during his flight from police where the facts supported the court's conclusion that police had reasonable suspicion to stop defendant. The court affirmed an order denying defendant's motion to suppress.
By Zack Needles | July 28, 2017
The Pennsylvania Supreme Court ruled 6-1 that a warrantless blood draw from an unconscious DUI suspect is improper—but the justices had more difficulty reaching a consensus on exactly why that is.
By Ben Seal | July 28, 2017
Criminal defendants do not need to prove a reasonable expectation of privacy in order to suppress evidence collected by police in an illegal search, the Pennsylvania Supreme Court has ruled.
By P.J. D'Annunzio | July 25, 2017
A former campaign aide to Philadelphia Judge Jimmie Moore, who ran against U.S. Rep. Bob Brady in the 2012 Democratic primary, admitted to funneling a $90,000 payoff from Brady's campaign to get Moore to drop out of the race.
By Andrew Christy | July 24, 2017
2017 marks the 175th anniversary of Pennsylvania's 1842 statutory ban on debtors' prisons, which implemented the prohibition that has long-existed in the Pennsylvania Constitution. But today, courts still imprison thousands of Pennsylvanians each year because of their poverty.
By Max Mitchell | July 21, 2017
The First Judicial District's Board of Judges has selected Kelley Hodge to be Philadelphia's district attorney, marking the first time an African-American woman has served as the city's top prosecutor. She has been named to fill the post in the interim until a new district attorney can be elected in November and sworn in in January 2018.
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