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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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DRUG DELIVERY RESULTING IN DEATH: PA SUPERIOR COURT FINDS STATUTE IS NOT UNCONSTITUTIONALLY VAGUE WHEN HEROIN IS INTENTIONALLY DELIVERED TO THE VICTIM THE DAY BEFORE HIS DEATH

THE SUPERIOR COURT HAS RULED IN COMMONWEALTH v. KAKHANKHAM, NO. 712 MDA 2014 (OCTOBER 28, 2015), THAT THE PENNSYLVANIA STATUTE IS NOT UNCONSTITUTIONALLY VAGUE WHERE APPELLANT INTENTIONALLY PROVIDED HEROIN TO THE VICTIM WHO SUBSEQUENTLY OVERDOSED ON THAT SAME HEROIN THE FOLLOWING DAY. FACTS During a death investigation due to a heroin overdose, it was learned […]

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CONTEMPT OF COURT “IN THE PRESENCE OF THE COURT” MEANS A SUMMARY HEARING WITHOUT THE RIGHT TO COUNSEL OR TO CALL WITNESSES MAY BE IN YOUR FUTURE

THE PA SUPREME COURT HAS HELD IN THE CASE OF COMMONWEALTH v. MOODY, NO. 47 EAP 2013 (OCTOBER 27, 2015) THAT WILLFUL MISCONDUCT IN THE PRESENCE OF THE COURT THAT OBSTRUCTS THE FAIR AND ORDERLY PROCESS OF THE COURT AMOUNTS TO DIRECT CRIMINAL CONTEMPT, AN OFFENSE THAT CAN BE SUMMARILY ADDRESSED BY THE OFFENDED COURT […]

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NEW REPORTING REQUIREMENTS FOR NURSES CHARGED WITH CRIMES

REPORTING OF CRIMES AND DISCIPLINARY ACTIONS Effective October 17, 2015, RNs, LPNs, CRNPs, LDNs, and CNSs MUST notify the State Board of Nursing of the following: • Pending criminal charges • Criminal convictions (including a guilty plea, conviction following a trial, probation without verdict and Accelerated Rehabilitative Disposition) • Disciplinary actions taken by other states/jurisdictions […]

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