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Montgomery County Juvenile Expungement Clinic

Filed under: Criminal Law by Steven F. Fairlie @ April 7, 2014

The Montgomery County Public Defender is now handling juvenile expungements for free: http://www.philly.com/philly/news/20140407_Montco_public_defenders_push_expungement_of_juvenile_records.html

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Superior Court: Counsel Ineffective For Failing To Request Character Jury Instruction

Filed under: Criminal Law by Contributor @ April 5, 2014

In Commonwealth v. Reyes-Rodriguez the Pennsylvania Superior Court reversed the court’s denial of PCRA relief. The Superior Court found that trial counsel was ineffective for failing to request a jury instruction that character evidence in favor of Reyes-Rodriguez, in and of itself, could create reasonable doubt or establish innocence. A jury found Reyes-Rodriguez guilty of […]

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Montgomery County Court Rejects Mandatory Sentencing as Unconstitutional

Filed under: Criminal Law by Contributor @ March 31, 2014

On March 21, Montgomery County Court of Common Pleas President Judge William Furber, Jr. applied the Supreme Court’s opinion in Alleyne v. United States, 133 S.Ct. 2151, 2155 (2013) to Commonwealth v. Brockington, Commonwealth v. Blakeney, and Commonwealth v. Bates. The Court in Alleyne held that elements of a crime that trigger mandatory minimum sentences […]

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PA Supreme Court May Create Bright Line Rule For Investigative Detentions

Filed under: Criminal Law by Contributor @ March 30, 2014

Having recently heard oral arguments, the Supreme Court of Pennsylvania in Commonwealth v. Lyles may create a bright line rule for determining when exactly an investigative detention begins. In Lyles, the trial court granted the defendant’s motion to suppress the crack cocaine and marijuana found on his person after an allegedly unconstitutional investigative detention. Lyles and another […]

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Are police using new unidentified surveillance techniques in Montgomery County and Bucks County?

Filed under: Criminal Law by Steven F. Fairlie @ March 25, 2014

http://www.huffingtonpost.com/2014/03/23/cops-phone-tracking_n_5016862.html

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