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PA SUPERIOR COURT: VIOLENT BEHAVIOR FOR WHICH YOU ARE BEING SENTENCED IS SUFFICIENT TO SHOW A “HISTORY” OF VIOLENT BEHAVIOR

The Pa. Superior Court has decided the case of Com. v. Cullen-Doyle, S., No. 1711 WDA 2014 (January 21, 2016), holding that a single act of Burglary for which a Defendant is being sentenced is sufficient to render the Defendant ineligible for the Risk Recidivism Reduction Incentive (RRRI) program. FACTS On August 26, 2014, Cullen-Doyle […]

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PA SUPREME COURT HOLDS THAT ANY RESPONSE OTHER THAN “Yes, where do I blow?” “Yes, which arm do you want to stick?” or “Yes, where do you want me to pee?” CAN BE DEEMED A REFUSAL TO SUBMIT TO CHEMICAL TESTING

The PA Supreme Court recently decided the case of Nardone v. Dept. of Transportation, 141 MAP 2014 (December 29, 2015), addressing conflicting interpretations of the “Implied Consent (refusal) Law” by the Commonwealth and Superior Courts, holding that a motorist who has been asked to submit to the chemical testing of his breath, blood or urine […]

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AGGRAVATED ASSAULT & RECKLESSLY ENDANGERING ANOTHER PERSON DO NOT MERGE FOR SENTENCING PURPOSES

The PA Superior Court has decided the case of Commonwealth v. Cianci, No. 3459 EDA 2014 (December 23, 2015), holding that the offenses of Recklessly Endangering Another Person and Aggravated Assault do not merge for sentencing purposes. FACTS Cianci and his live-in girlfriend were entertaining friends at their apartment during which time he became intoxicated. […]

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JUVENILE ADJUDICATION OF DELINQUENCY IS NOT A CONVICTION FOR THE PURPOSE OF ENHANCING THE GRADING OF A VIOLATION OF THE PA UNIFORM FIREARMS ACT

The PA Supreme Court has held in the case of Commonwealth v. Hale, 25 EAP 2014 (December 21, 2015) that juvenile adjudications of delinquency are not “convictions” for purposes of enhancing the grading from a misdemeanor to felony for violations under Section 6105 of the Pennsylvania Uniform Firearms Act. FACTS In 2011, Hale was convicted, […]

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COURT UPHOLDS SUPPRESSION OF EVIDENCE: OFFICERS TESTIFIED TO FACTS THAT WERE INCONSISTENT WITH OR OMITTED FROM THE POLICE REPORT

The PA Superior Court has decided the case of Commonwealth v. Shabezz, No. 1639 EDA 2014 (December 21, 2015), holding that the trial court properly suppressed evidence when the police and Commonwealth failed to present sufficient credible evidence to justify the stop and detention of vehicles and their occupants in a high drug area. FACTS […]

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ANONYMOUS TIP FROM UNRELIABLE, UNCORROBORATED SOURCE THAT PAROLEE IS DEALING DRUGS IS INSUFFICIENT TO JUSTIFY SEARCH OF RESIDENCE

The Pa. Superior Court has decided the case of Com. v. Coleman, M. No. 1839 WDA 2014 (December 14, 2015), holding that an unreliable, uncorroborated, anonymous tip received by a State Parole Agent was insufficient to establish the requisite reasonable suspicion for police to enter the apartment without a search warrant. FACTS On December 17, […]

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