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 […]
Author Archive | Michael Winters
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 […]
The PA Superior Court recently decided the case of Commonwealth v. James Duane Baker-Myers, No. 1398 WDA 2016 (May 21, 2019), holding that the Commonwealth failed to prove an essential element of Corruption of Minors (COM-Felony) after the jury acquitted Baker-Myers of Rape, Sexual Assault, Aggravated Indecent Assault, and Indecent Assault. In this case, the […]
The PA Superior Court has held that a York County trial court erred in declining to qualify a defense expert as an expert in the methodology behind standard field sobriety tests. Commonwealth v. Taylor, No. 715 MDA 2018 (Pa. Super. 5/6/2019). Taylor was convicted of driving under the influence of drugs and endangering the welfare […]
The PA Superior Court has decided the case of Commonwealth v. Cephus, No. 1275 EDA 2018 (Pa. Super. 04/24/2019), holding that the trial court did not err in finding the police had probable cause to stop Cephus’ vehicle after police observed the vehicle fail to maintain its lane on multiple occasions. Cephus was convicted of […]
The Pa. Superior Court recently remanded the case of Commonwealth v. Sharaif, No. 4019 EDA 2017 (March 8, 2019) to the trial (suppression) court for a new suppression hearing after the suppression court failed to comply with the applicable rules and specifically state what facts and legal bases it used to determine that suppression was warranted. […]