The PA Superior Court has decided the case of Commonwealth v. Lu, No. 2658 EDA 2017 (Pa. Super. November 13, 2019), holding that the trial court erred by admitting the testimonial statement of a witness who was unavailable at trial since Lu did not have the opportunity to cross-examine her. Lu appealed from the judgment of sentence of […]
Author Archive | Michael Winters
The PA Superior Court recently decided the case of Commonwealth v. Whatley, No. 1820 WDA 2017 (Pa. Super. 10/18/2019), holding that the trial court’s failure to determine Whatley’s ability to actually pay the $50,0000 restitution ordered by the trial court rendered the sentence an illegal sentence. Whatley entered a negotiated guilty plea to two counts of […]
In a recent case before the PA Supreme Court, the Appellant, Scott Bishop, argued that the PA Supreme Court “should interpret the provision of the Pennsylvania Constitution conferring upon individuals a right against self-incrimination to provide greater protection than the Fifth Amendment to the United States Constitution, as interpreted by the Supreme Court of the […]
In the ever-evolving body of law surrounding the legalization of marijuana, the Pa. Superior Court has recently rejected the argument that, because marijuana is now medically available in Pennsylvania, police officers may no longer rely upon its smell as a factor for developing probable cause. In the case at issue, police received an anonymous tip that […]
The PA Supreme Court has recently decided the case of Commonwealth v. Maguire, No. 41 MAP 2018 (Pa. August 22, 2019),holding that statutorily authorized warrantless inspections of commercial vehicles do not need to comply with the Tarbert/Blouse guidelines (which gauge the constitutionality of safety checkpoints to which the entire public are subjected); rather, they are to be […]
Check out the most recent publication from FINE LIVING LANCASTER. It features an article from McMahon Winters Strasko partner, Joe McMahon, on making certain you get a prenup if you’re planning to get remarried.
The PA Superior Court today upheld the conviction of an Allegheny County Juvenile Court Probation Officer (JPO) for contempt of court, letting stand the 5-10 days sentence that was ultimately imposed by the trial court. The contemptuous conduct arose when the 19-year veteran JPO was sitting in the front row of the general seating area […]
From what a criminal case is to the steps of the trial, this infographic explains everything you need to know about the life of a criminal case.
In his trial for Conspiracy, Attempted Homicide and other related crimes, the Defendant, Dante Jordan, alleged that his Sixth Amendment right to a public trial was violated when the court closed the courtroom during voir dire. Specifically, he argued the court erred in excluding his mother and stepfather from the proceedings, after a disturbance occurred the […]
The PA Superior Court recently decided the case of Commonwealth v. Kane, No. 864 EDA 2018 (May 9, 2019), holding that police did not need a warrant to take possession of – and search – Kane’s cell phone after he intentionally and voluntarily left it in a public bathroom, even though he intended to return […]