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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IF YOU’RE UNLAWFULLY IN POSSESSION OF A FIREARM WHILE RIDING A BIKE, IT IS PRUDENT TO OBEY THE TRAFFIC LAWS

The Superior Court has held that an officer’s attempt to stop a bicyclist for traveling the wrong way on a one-way was not unconstitutionally based on a de minims or pre-textual reason and the subsequent seizure of the firearm abandoned by the bicyclist was therefore lawful. Commonwealth v. Ibrahim, No. 3467 EDA 2014 (November 6, […]

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UNCHARGED CONDUCT OCCURRING AFTER CHARGED CONDUCT MUST SHARE UNIQUE SIGNATURE FEATURES TO BE ADMISSIBLE AT TRIAL

The PA Superior Court has held in Com. v. Semenza, L., No. 531 MDA 2014 (November 2, 2015), that it was an abuse of discretion for the trial court to allow evidence of defendant’s uncharged sexual conduct with an adult female subordinate that occurred after the alleged conduct for which he was on trial where […]

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JUVENILE CHARGED WITH FELONY SEX OFFENSES OVERCOMES PRESUMPTION HE IS IN NEED OF TREATMENT, SUPERVISION AND REHABILITATION

The Superior Court has held in In the Int. of: T.L.B., a Minor Appeal of: Com. No. 1845 MDA 2014 (November 2, 2015), that it was not an abuse of discretion for the Juvenile Court to dismiss the proceeding, terminate jurisdiction, and discharge a juvenile charged with felony sex offenses after finding the juvenile was […]

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