HEARSAY ALONE – ADMITTED OVER OBJECTION AND WITHOUT GOOD CAUSE – WAS IS INSUFFICIENT TO FIND PAROLE VIOLATION

In an unreported decision, the Commonwealth Court has decided the case of Turon McGee v. PA Bd of Probation and Parole, No. 1473 C.D. 2017 (September 13, 2018), holding that the Board erred, as a matter of law, in finding McGee a Technical Parole Violator (“TPV”) based solely on hearsay evidence that was admitted over objection […]

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VILLANOVA UNIVERSITY POLICE ARE NOT STATE ACTORS FOR PURPOSE OF 4th AMENDMENT SEARCHES

The Pa Superior Court has decided the case of Commonwealth v. Yim, Nos. 3118 and 3184 EDA of 2017, (Pa. Super. September 12, 2018), holding that the trial court committed no abuse of discretion or error of law in making its determination that Villanova University Police Officer were not state actors for purposes of the Fourth Amendment.  “In […]

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McMahon Winters Soto-Ortiz, LLC Selected In The LNP Readers’ Choice Awards 2018 In 3 Separate Categories

McMahon Winters Soto-Ortiz, LLC is pleased to announce the firm’s selection by the LNP/Lancaster Online Readers’ Choice Awards 2018 as one of the top three firms in three practice areas including: Family Law, DUI Defense, and Criminal Defense. The awards are presented annually and chosen by readers of LNP/Lancaster Online. Lancaster Online is a service of […]

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POLICE OFFICER MUST HAVE REASONABLE SUSPICION THAT CRIMINAL ACTIVITY IS AFOOT and THAT YOU ARE ARMED OR DANGEROUS BEFORE ASKING YOU TO REMOVE YOUR HANDS FROM YOUR POCKETS

The PA Superior Court has recently decided the case of Commonwealth v. Hemingway, No. 684 WDA 2017 (June 26, 2018), holding that the trial court did not commit error when it determined that a police officer’s request for Hemingway to remove his hands from his pockets while the officer was investigating a noise complaint in […]

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FACTS, INCLUDING THE USE OF A “Find My iPhone” APP TO LOCATE A STOLEN iPHONE, WERE SUFFICIENT TO JUSTIFY INVESTIGATIVE DETENTION

The PA Superior Court recently decided the case of Commonwealth v. Milburn, No. 3031 EDA 2016 (June 22, 2018), holding that under the totality of the circumstances, of which the “Find My iPhone” app ping was but one factor, officers had specific and articulable reasonable facts that led them to conclude that the individuals in […]

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FORMER PARAMOUR PERMITTED TO TESTIFY ABOUT DEFENDANT’S PRIOR ASSAULT AND INTIMIDATION OF HER AT HIS TRIAL FOR ASSAULTING HIS WIFE

The PA Superior Court has decided the case of Commonwealth v. Gad, No. 3100 EDA 2017 (June 11, 2018), holding that the trial court did not err in allowing Gad’s former paramour to testify about his prior bad acts of assault and intimidation of her during his trial for assaulting his wife. Before trial, the Commonwealth sought […]

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SEVERANCE OF “FORMER CONVICT NOT TO POSSESS FIREARM” CHARGE PROPER; PROCEEDING TO TRIAL ON THAT CHARGE FIRST, FOLLOWED BY REMAINING CHARGES BEFORE THE SAME JURY IS NOT

The PA Superior Court recently decided the case of Commonwealth v. James Edmund Brown, No. 1161 WDA 2017 (May 4, 2018), holding that, although it was proper for the trial court to grant Brown’s Motion to Sever a Former Convict Not to Possess a Firearm offense from the remaining offenses of Theft, Receiving Stolen Property, […]

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PENNDOT’s REVISED IMPLIED CONSENT FORM SATISFIES BIRCHFIELD REQUIREMENTS. (Oh … and we are ALL presumed to know all relevant statutory and case law.)

The PA Superior Court recently reversed the trial court suppression of BAC results in three separate cases, holding that the use of the PennDOT’s newly-revised DL-26B Implied Consent form complies with Birchfield and, placing us all on notice that we are presumed to know the law, whether it be case law or statutory compilations. In Commonwealth v. […]

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WHEN DOES 14 HOURS BEAT 6-23 MONTHS?

The PA Superior Court has decided the twin cases of Commonwealth v. Trevor Price, No. 307 MDA 2017 and Commonwealth v. Travis Price, No. 308 MDA 2017 (May 2, 2018), holding that the statutory requirement that a Defendant be “four years older” than the complainant means a full 1461 days older than the victim, i.e. […]

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