Experts May Not Testify to Opinions Based Solely on Witness Accounts

Filed under: Sex Crimes by Contributor @ October 19, 2017

In the summer of 2005, Kenneth Maconeghy Jr. allegedly raped and sexually abused an 11 year girl who he cared for while her mother was at work. Maconeghy was accused of repeatedly sexually assaulting the child while supervising her. The victim alleged that Maconeghy purposefully removed her siblings from the situation to isolate her and […]

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Hearsay Enough for Preliminary Hearing? PA Court Leaves Question Unanswered

Filed under: Criminal Law by Contributor @ October 5, 2017

In August of 2015, the Pennsylvania Superior Court ruled in Commonwealth v. Ricker that prosecutors can sufficiently meet their burden of establishing a prima facie case through hearsay evidence alone at preliminary hearings. The purpose of a preliminary hearing is “not to establish guilt or innocence, but rather, to determine whether a prima facie case […]

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Know Your Fourth Amendment Rights, You Are Protected From Unlawful Detention

Filed under: Criminal Law by Contributor @ September 23, 2017

In response to an anonymous radio call, Philadelphia police visited the area of the 2000 block of Croskey Street. The call indicated that five to seven men were congregated along the street playing with a gun. Upon police arrival at the scene, officers witnessed the group disperse, with two members crossing the street to the […]

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Ignition Interlock Devices Permit Suspended PA Drivers to Get Back on the Road

Filed under: DUI by Contributor @ August 30, 2017

In May 2016 Governor Tom Wolf signed Act 33 into Pennsylvania Law. The act allows some individuals convicted of Driving Under the Influence of Alcohol or Controlled Substances, whose licenses have been revoked or suspended, to apply for an Ignition Interlock Limited License (“IILL”). The ignition interlock system is leased and placed in the vehicle […]

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Fruit of the Poison Tree: Evidence Suppressed When Obtained in Illegal Seizure

Filed under: Criminal Law by Contributor @ August 24, 2017

On July 19th, 2017, in Commonwealth v. Shabezz, the Pennsylvania Supreme Court ruled that in an illegal seizure of a vehicle, passengers are entitled to suppression of evidence found in the course of the seizure. Such evidence is “barred outright as fruit of the poisonous tree” and there is no additional requirement for defendants to […]

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