Criminal defense work constantly presents criminal lawyers with bad facts coupled with bad law. A new case handed down by the Pennsylvania Superior Court is a prime example of this. The case is Commonwealth v. Stein, 2012 PA Super. 26 (Feb. 7, 2012). The defendant is now serving a five-year mandatory-minimum prison sentence because he […]
Superior Court of Pennsylvania Holds Probation Violation Illegal When Original Sentence Illegal
In the recent case of Commonwealth v. Milhomme, 2011 PA Super. 149 (July 21, 2011), the Superior Court of Pennsylvania held that a sentence stemming from a violation of probation was illegal where the original sentence was illegal. After checking out the ruling, you might enjoy this article about mandatory minimum sentences on firearms. Were […]
The Jordan Brown Murder Trial
The following story was originally published in the April 2011 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Re-printed here with permission of the Philadelphia Bar Association. Follow Up Story: The Jordan Brown Murder Trial In February’s edition of Upon Further Review, we told the story of the embattled trial of […]
Fingerprint Evidence Inadmissible Through Hearsay
The Pennsylvania Superior Court has rule In the Interest of D.Y., 2010 Pa. Super. 222 (Dec. 3, 2010) that fingerprint testimony based on hearsay evidence was inadmissible. In D.Y., the only evidence linking the defendant to a burglary and related charges was testimony of a fingerprint card taken at some point before the crime, which […]
Round and Round We Go. Brady Violation Results in Mistrial with Prejudice, Then Reversal of the Ruling with Prejudice
This past July, Chester County Common Pleas Court Judge Howard F. Riley Jr. granted a defense motion for a mistrial with prejudice for three young men facing charges of rape, sexual assault and indecent assault against a female student because the prosecution withheld evidence from the defendants. Because the mistrial ruling was with prejudice, it […]
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