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

Archive for the ‘Case Reports’ Category

Superior Court rules on forfeiture of right to counsel

By Burt Rose In Com. v. Kelly, 2010 WL 3506144, 2010 PA Super 165, No. 112 MDA 2009 (Sept. 9, 2010), the Superior Court of Pennsylvania ruled on a DUI appeal from a Judgment of Sentence from the Court of Common Pleas of York County. The Panel was composed of Judges BOWES, McEWEN, and CLELAND, [...]

Superior Court voids DUI conviction as per Melendez-Diaz v. Massachusetts

By Burt Rose On Sept. 8, 2010, the Superior Court of Pennsylvania decided the case of COMMONWEALTH of Pennsylvania v. Jennifer Ann BARTON-MARTIN, Appellant, 2010 WL 3491942, 2010 PA Super 163, No. 180 MDA 2009, an appeal from a Judgment of Sentence for DUI entered in the Court of Common Pleas of York County. The [...]

Seventh Circuit issues ruling on Miranda. When is custody really custody?

By Burt Rose In UNITED STATES of America v. Michael S. SLAIGHT, Appellant, No. 10-1443 (September 2, 2010), an appeal before the United States Court of Appeals for the Seventh Circuit, the defendant had pleaded guilty to possession of child pornography, subject to a right to appeal the denial of his motion to suppress incriminating [...]

Superior Court rules on oral motion for lineup, use of experts on memory

By Burt Rose In Commonwealth v. Robinson, 2010 WL 3398967, 2010 PA Super 159 (Aug 31, 2010) (452 EDA 2009), a Panel of the Superior Court of Pennsylvania affirmed a judgment of sentence from the Court of Common Pleas of Philadelphia County, Criminal Division, CP-51-CR-0009722-2007. The panel was composed of Judges FORD ELLIOTT, GANTMAN and [...]

Superior Court rules on right to remain silent

By Burt Rose On August 13, 2010, the Superior Court decided the case of Com. v. Molina, 2010 WL 3191784, No. 1948 WDA 2007, an appeal from the Court of Common Pleas of Allegheny County. The Panel was composed of Judges SHOGAN, COLVILLE and CLELAND. In this case, the police were investigating a woman’s disappearance. [...]

New York Times Opinionator—Supreme Court to consider voting rights of convicted felons

July 29, 2010, 9:47 pm Voting Behind Bars By LINDA GREENHOUSE Another public conversation about race may be the last thing the Obama administration wants, but thanks to the Supreme Court, one is very likely on the way. It has been nearly three months since the court “invited” — that is to say, ordered — [...]

Superior Court rules that pine tree air conditioners do not justify stop in DUI case

By Burt Rose The Superior Court of Pennsylvania has decided the case of COMMONWEALTH of Pennsylvania v. Harry A. ANTHONY, Sr., Appellant, 2010 WL 2804337, No. 1544 WDA 2008, 2010 PA Super 127 (July 19, 2010), an appeal from a Judgment of Sentence from the Court of Common Pleas of Armstrong County. The case was [...]

8th Circuit rules on use of prior convictions in sentence enhancement

By Burt Rose On July 22, 2010, the United States Court of Appeals for the 8th Circuit decided the case of United States of America v. Luis A. Rodriguez, Appellant, No. 09-2347. Luis Rodriguez had been convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). [...]

Sixth Circuit orders new sentencing due to plain error

On July 19, 2010, the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT decided the case of UNITED STATES OF AMERICA v. LASHAWN WILSON, Appellant, No. 08-1963, an appeal from the United States District Court for the Eastern District of Michigan. Lashawn Wilson had pleaded guilty to a single count of mail fraud, in [...]

Boom. New Supreme Court ruling.

By Burt Rose The SUPREME COURT OF THE UNITED STATES has decided the case of OTIS MCDONALD, ET AL., PETITIONERS v. CITY OF CHICAGO, ILLINOIS, ET AL, No. 08–1521 (June 28, 2010). Chicago’s firearms laws provide that “no person shall . . . possess . . . any firearm unless such person is the holder [...]

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