Its not often that I get to say, “Bravo, New Jersey”, but it certainly appropriate now that New Jersey has abolished the death penalty. The draconian death penalty has reared its ugly head for thousands of years, in many jurisdictions, in many forms, and has never been proven to serve as a deterrent to murder. […]
Sucker Punch Causing Serious Bodily Injury Enough for Aggravated Assault?
A single sucker punch causing the victim to sustain serious bodily injury is enough for a case to go to trial on an aggravated assault charge. In Commonwealth v. Patrick, 933 A.2d 1043 (Pa. Super. 2007), an en banc Pennsylvania Superior Court issued an opinion, written by Judge Gantman, holding that where a defendant delivers […]
Casual Home Visitors Have a Reasonable Expectation of Privacy
A favorable cases for the defense this year is in the area of warrantless home searches in Commonwealth v. Arnold, 2007 PA Super 248, 932 A.2d 143 (Pa. Super. 2007). In Arnold, the police responded to a noise complaint from residents of the lower level of an apartment building. When the police were finished speaking […]
Does the automatic companion rule exist in Pennsylvania?
In the recent case of Commonwealth v. Powell, 2007 Pa. Super. 298 (Oct. 9, 2007), a three-judge panel of the Superior Court of Pennsylvania consisting of Lally-Green, Klien and Bender, JJ., with the Opinion written by Judge Klein, held that the police had enough reasonable suspicion to conduct a pat down search of a sleeping […]
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