The case is Commonwealth v. Hanson, _ A.3d _ (2013), 2013 WL 6831854 (Pa. Supreme Ct., Dec. 27, 2013). The opinion is written by Justice Saylor. And, the application of a gun plus drug dealing mandatory minimum is overruled, because a defendant must be in knowing, physical possession or control, which is constructive control, an […]
Pennsylvania Supreme Court Strikes Down Act 152 of 2004 as Violative of the Single-Subject Rule of Art. III, Sec. 3 of the Pennsylvania Constitution
On December 16, 2013, the Pennsylvania Supreme Court struck down Act 152 of 2004 (“Act 152”), in its entirety, as violating the single-subject rule of Article III, Section 3 of the Pennsylvania Constitution.Act 152 made various changes to the Pennsylvania Judicial Code, including portions which amended the version of Megan’s Law in effect at that […]
Pennsylvania Superior Court Overturns Monsignor William J. Lynn’s Conviction
The Pennsylvania Superior Court has overturned Monsignor William J. Lynn’s conviction for a former version of Pennsylvania’s endangering the welfare of children (EWOC) statute, 18 Pa.C.S. § 4304 (amended 2007). To read the unanimous Superior Court opinion, click here. Were You Charged with a Crime in Pennsylvania or New Jersey? If so, I can help, […]
Pennsylvania Supreme Court Rules That Spouse’s Testimony of Defendant’s Conduct is not Protected by the Spousal-Communication Privilege
The following story was originally published in the December 2013 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Re-printed here with permission of the Philadelphia Bar Association. Pennsylvania Supreme Court Rules Spouse’s Testimony of Defendant’s Conduct is Not Privileged Spousal Communication Brad V. Shuttleworth, Esq. on 12/17/2013 The Pennsylvania Supreme Court […]
United States Supreme Court Rules that Facts Triggering Mandatory-Minimum Sentences Are Elements of a Criminal Offense in Alleyne v. United States
The following story was originally published in the July 2013 edition of Upon Further Review, a publication of the Philadelphia Bar Association. United States Supreme Court Rules that Facts Triggering Mandatory-Minimum Sentences Are Elements of a Criminal Offense in Alleyne v. United States Brad V. Shuttleworth, Esq. on 07/18/2013 In 2000, the United States Supreme […]
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