Criminal Law

Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

The Commonwealth is under no obligation to prepare written transcripts of videotaped victim interviews for a criminal defendant, the Pennsylvania Superior Court held in Com. v. Robinson

By | 2015-08-12T12:01:59+00:00 August 20th, 2015|Categories: Criminal Law, General|Tags: , , , , , , |Comments Off on Commonwealth not Required to Provide Written Transcripts of Crime Victims’ Video Interviews

Marital Privilege not Subject to Crime Fraud Exception in Criminal Cases

The Commonwealth could not elicit testimony about private incriminating conversations between a criminal defendant and his wife, an en banc Pennsylvania Superior Court panel held in Com. v. Davis

By | 2015-08-12T12:01:03+00:00 August 18th, 2015|Categories: Criminal Law, General|Tags: , , , , , , , , |Comments Off on Marital Privilege not Subject to Crime Fraud Exception in Criminal Cases

Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement

A mandatory minimum sentence imposed upon a convicted sex offender for failing to comply with a statutory registration requirement is constitutional, the Pennsylvania Superior Court held in Com. v. Pennybaker

By | 2017-05-19T22:51:27+00:00 August 17th, 2015|Categories: Constitutional Law, Criminal Law, General|Tags: , , , , , , , |Comments Off on Superior Court Upholds Mandatory Minimum Sentence for Violation of Sex Offender Registration Requirement

State Police Ordered to Release Video Recording of Traffic Stop to Driver

A video recording of a traffic stop was not exempt from disclosure as a criminal investigative record under the Right-to-Know Law (RTKL) or the Criminal History Record Information Act (CHRIA), the Commonwealth Court ruled in Pennsylvania State Police v. Grove.

By | 2017-05-19T22:51:27+00:00 July 31st, 2015|Categories: Administrative Law, Criminal Law|Tags: , , , , , , , , |Comments Off on State Police Ordered to Release Video Recording of Traffic Stop to Driver

Supreme Court Approves New Rules on Use of Electronic Devices by Jurors

On July 7, 2015, the Pennsylvania Supreme Court adopted new Rules of Criminal Procedure, and revised and renumbered other Rules, to provide for instructions to prospective and selected jurors concerning the use of personal electronic devices during their service.

By | 2017-05-19T22:51:28+00:00 July 29th, 2015|Categories: Civil Litigation, Criminal Law, General|Tags: , , , , , |Comments Off on Supreme Court Approves New Rules on Use of Electronic Devices by Jurors

Common Law Infancy Defense Remains Viable in Criminal Prosecutions for Conduct Committed before age 14

The common law defense of infancy remains applicable in criminal proceedings where the defendant is being prosecuted for conduct committed before the age of 14, the Pennsylvania Superior Court ruled in Com. v. Martz.

By | 2017-05-19T22:51:28+00:00 July 16th, 2015|Categories: Criminal Law, Juvenile Law|Tags: , , , , , , |Comments Off on Common Law Infancy Defense Remains Viable in Criminal Prosecutions for Conduct Committed before age 14

Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

A defendant lacked a reasonable expectation of privacy in the contents of a text message conversation he had with a police informant, the Pennsylvania Superior Court held in Com. v. Diego.

By | 2017-05-19T22:51:28+00:00 July 13th, 2015|Categories: Criminal Law|Tags: , , , , , , , , , |Comments Off on Sender of Incriminating Text Messages to Informant’s Tablet Computer Lacked Reasonable Expectation of Privacy

Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

A defendant’s claim of innocence must be plausible in order to constitute a fair and just reason for a presentence withdrawal of a guilty plea, the Pennsylvania Supreme Court held in Com. v. Carrasquillo.

By | 2017-05-19T22:51:28+00:00 July 7th, 2015|Categories: Criminal Law|Tags: , , , |Comments Off on Bare Assertion of Innocence Insufficient to Withdraw Guilty Plea Prior to Sentencing

Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

Parole agents violated a parolee’s Fifth Amendment rights by interrogating him about new crimes while he was in custody, the Pennsylvania Supreme Court held in Com. v. Cooley, III.

By | 2017-05-19T22:51:28+00:00 July 6th, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , |Comments Off on Parolee Subject to Custodial Interrogation on New Crimes Entitled to Miranda Warnings

Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional

A Crimes Code provision mandating a minimum prison sentence of two years upon a conviction for selling drugs in a “drug-free school zone” is unconstitutional, the Pennsylvania Supreme Court held in Com. v. Hopkins.

By | 2017-05-19T22:51:28+00:00 July 1st, 2015|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , |Comments Off on Mandatory Minimum Sentences for School Zone Drug Sales Ruled Unconstitutional