TWO CONVICTIONS OF THE SAME FIREARM VIOLATION AT SAME TRIAL TRIGGER FIVE YEAR MANDATORY MINIMUM SENTENCE

The PA Superior Court has held in the case of Commonwealth v. Dawson, No. 3498 EDA 2014 (December 8, 2015) that a person convicted at the same trial of two separate counts of unlawful transfer of a firearm will be deemed to have a “previous conviction” and is therefore subject to the mandatory minimum sentence […]

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DAUGHTER’S DORM IS NOT A “PLACE FOR EMERGENCY MEDICAL TREATMENT” : Violation of OLL results in 60 day jail sentence.

The PA Superior Court has decided the case of Commonwealth v. Kriegler, 62 MDA 2015 (December 1, 2015), holding that it is entirely appropriate for police to charge a driver with Driving Under Suspension (DUI-related) when that person has been granted – but has failed to comply with the restrictions applicable to – an Occupational […]

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IS THE PAPER SURROUNDING YOUR PARTIALLY SMOKED MARIJUANA CIGARETTE DRUG PARAPHERNALIA?

The PA Superior Court has held, in the case of Commonwealth v. Miller, No. 467 EDA 2015 (November 20, 2015), that the burnt paper surrounding a partially smoked marijuana cigarette is not drug paraphernalia. FACTS Defendant was charged with possession of a small amount of marijuana and possession of drug paraphernalia after officers located a […]

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MERE POSSESSION OF A STOLEN HANDGUN IS INSUFFICIENT TO SUPPORT CONVICTION FOR RECEIVING STOLEN PROPERTY

The Pa. Superior Court has vacated Defendant’s conviction of Receiving Stolen Property in the case of Commonwealth v. Robinson, No. 912 MDA 2014 (November 19, 2015), finding the evidence was insufficient to establish that Defendant knew, or had reason to know, that the firearm in his possession was stolen. FACTS Police responded to a domestic […]

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PA SUPREME COURT: STATUTE ALLOWING EXPERT WITNESS TESTIMONY REGARDING VICTIM RESPONSES & BEHAVIORS IS NOT UNCONSTITUTIONAL

The PA Supreme Court has decided, in the case of Commonwealth v. Olivo, No. 127 MAP 2014 (November 18, 2015), that it was improper for the trial court to suspend as unconstitutional a statute allowing the testimony of qualified expert witnesses regarding specific types of victim responses and victim behaviors in criminal proceedings related to […]

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