A blog of the Philadelphia Bar Association’s Criminal Justice Section

Scotus plazaBy Joe Mandak, Associated Press, May 25, 2014

PITTSBURGH (AP) — A U.S. Supreme Court decision last year has prompted dozens of appeals in criminal cases across Pennsylvania and left judges scratching their heads on how to apply state laws on mandatory minimum sentences.

The confusion has prompted meetings among judges, forced some judges to try out new jury instructions and even led some jurists to conclude that whole sections of state law are unconstitutional.

Legal experts say what happens next will be driven largely by cases already on appeal to the Pennsylvania Supreme Court.

“No appellate court in Pennsylvania has gotten around to definitively deciding the question, and everybody, it seems, is waiting for someone else to decide it,” said St. Vincent College law professor Bruce Antkowiak, a former federal prosecutor and defense attorney.

The stumbling block is Alleyne v. United States, a high court decision stemming from a Virginia federal court case that found that juries, not judges, should decide whether a defendant committed crimes that trigger a mandatory minimum sentence.

Click for entire story from Bucks County Courier-Times

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