Criminal Law

Legal Bytes

Lis pendens is not available when complaint is for money damages under Stock Purchase Agreement.

PBI’s Week In Review

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

PBI’s Week In Review

Pa.R.C.P. 1033 amended allowing correction of name of party within 90 days of commencement of action, effective 4-1-17, Pa.R.C.P. 1033, February 2, 2017

Autopsy Report on Suspicious Death is Testimonial under Confrontation Clause

An autopsy report is testimonial evidence for purposes of the Confrontation Clause when the victim’s death was sudden, violent or suspicious, the Pennsylvania Superior Court held in Com. v. Brown.

By | May 20th, 2016|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , , , , , , , , |Comments Off on Autopsy Report on Suspicious Death is Testimonial under Confrontation Clause

Convictions Upheld for Rapper who Threatened Police Officers in YouTube Video

A YouTube video threatening to kill individually named police officers was sufficient evidence to support convictions of terroristic threats and intimidation of witnesses, the Pennsylvania Superior Court decided in Com. v. Beasley.

By | May 19th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Convictions Upheld for Rapper who Threatened Police Officers in YouTube Video

Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

Evidence of a prior DUI conviction and participation in a DUI education program is admissible as inferential evidence of a driver’s state of mind, the Pennsylvania Superior Court held in Com. v. Diehl.

By | May 18th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Although civil forfeiture claimants are not entitled to court-appointed counsel, they must be notified of their right to obtain counsel, the Pennsylvania Commonwealth Court held in Com. v. Real Property and Improvements at 2338 N. Beechwood St.

By | April 6th, 2016|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , , , , , |Comments Off on Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Supreme Court Standardizes Procedures for Sentences of Restitution

Recent amendments to the Rules of Criminal Procedure aim to standardize the procedures by which restitution is awarded in criminal cases.

By | April 5th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Supreme Court Standardizes Procedures for Sentences of Restitution

School Police Officer Barred from Obtaining Private Detective License

A school police officer who exercises law enforcement powers cannot possess a private detective license, the Pennsylvania Superior Court ruled in In re Clader.

Surreptitious Recording of Conversation Using Voice Memo App Violates Wiretap Act

An employee who secretly recorded a conversation with his boss using his smartphone’s voice memo app violated the Wiretapping and Electronic Surveillance Control Act (Wiretap Act), the Pennsylvania Superior Court held in Com. v. Smith.

By | March 8th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Surreptitious Recording of Conversation Using Voice Memo App Violates Wiretap Act