A defendant convicted of murder must be sentenced under the statute in effect at the time of the assault rather than the death of the victim, the Pennsylvania Supreme Court held in Com. v. Rose
The post Offense of Third-Degree Murder is Complete at Time of Assault, not Victim’s Death appeared first on PBI.org.
An attorney’s prior experience as a prosecutor is relevant to his or her qualification to represent a capital case defendant, the Pennsylvania Supreme Court announced in a recent order amending the official Comment to Rule of Criminal Procedure 801.
The post Prosecutorial Experience now Relevant for Qualification as Defense Counsel in Capital Cases appeared first on PBI.org.
A verdict of guilty but mentally ill for first-degree murder bars a killer from inheriting from the decedent’s estate, the Pennsylvania Superior Court held in In re Estate of McAndrew.
The post Slayer Act Bars Defendant found Guilty but Mentally Ill from Inheriting Victim’s Estate appeared first on PBI.org.
Despite her assurance that she could be fair and impartial, a prospective juror who admitted her bias in favor of police should have been excused for cause, the Pennsylvania Superior Court held in Com. v. Penn.
The post Trial Court Erred in Failing to Excuse Juror who Exhibited Bias in Favor of Police appeared first on PBI.org.
An employee who secretly recorded a conversation with his boss using his smartphone’s voice memo app violated the Wiretapping and Electronic Surveillance Control Act (Wiretap Act), the Pennsylvania Superior Court held in Com. v. Smith.
The post Surreptitious Recording of Conversation Using Voice Memo App Violates Wiretap Act appeared first on PBI.org.
A school police officer who exercises law enforcement powers cannot possess a private detective license, the Pennsylvania Superior Court ruled in In re Clader.
The post School Police Officer Barred from Obtaining Private Detective License appeared first on PBI.org.
Recent amendments to the Rules of Criminal Procedure aim to standardize the procedures by which restitution is awarded in criminal cases.
The post Supreme Court Standardizes Procedures for Sentences of Restitution appeared first on PBI.org.
Although civil forfeiture claimants are not entitled to court-appointed counsel, they must be notified of their right to obtain counsel, the Pennsylvania Commonwealth Court held in Com. v. Real Property and Improvements at 2338 N. Beechwood St.
The post Civil Forfeiture Claimants Entitled to Notice of Right to Counsel appeared first on PBI.org.
Evidence of a prior DUI conviction and participation in a DUI education program is admissible as inferential evidence of a driver’s state of mind, the Pennsylvania Superior Court held in Com. v. Diehl.
The post Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea appeared first on PBI.org.
A YouTube video threatening to kill individually named police officers was sufficient evidence to support convictions of terroristic threats and intimidation of witnesses, the Pennsylvania Superior Court decided in Com. v. Beasley.
The post Convictions Upheld for Rapper who Threatened Police Officers in YouTube Video appeared first on PBI.org.
An autopsy report is testimonial evidence for purposes of the Confrontation Clause when the victim’s death was sudden, violent or suspicious, the Pennsylvania Superior Court held in Com. v. Brown.
The post Autopsy Report on Suspicious Death is Testimonial under Confrontation Clause appeared first on PBI.org.
Pa.R.C.P. 1033 amended allowing correction of name of party within 90 days of commencement of action, effective 4-1-17, Pa.R.C.P. 1033, February 2, 2017
The post PBI’s Week In Review appeared first on PBI.org.
New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017
The post PBI’s Week In Review appeared first on PBI.org.
Lis pendens is not available when complaint is for money damages under Stock Purchase Agreement.
The post Legal Bytes appeared first on PBI.org.
Civil Procedure Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017 Criminal Law Sentence for recidivist retail theft cannot use facts underlying NY conviction for petit larceny to show statutes are similar, Comm. v. Vandyke, March 1, 2017 Changes to Pa.R.E. […]
The post Legal Bytes appeared first on PBI.org.
Civil Procedure Damages limited under Pa.R.C.P. 1311.1 do not include attorney’s fees added after verdict, Grimm v. Universal Medical Services, Inc., et al, March 1, 2017 Criminal Law Vehicle Code mandatory 5 year sentence for DUI, second offense, not required; Court can use discretion under Sentencing Code, Comm. v. Watson, March 8, 2017 Commonwealth exercised due […]
The post Legal Bytes appeared first on PBI.org.
Amendments to Pa.R.A.P. 2572 on timing of movement of record on remand effective April 1, 2017.
The post Legal Bytes appeared first on PBI.org.
Legal Bytes
The post Legal Bytes appeared first on PBI.org.
Legal Bytes
The post Legal Bytes appeared first on PBI.org.
Legal Bytes
The post Legal Bytes appeared first on PBI.org.
