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Kodak Moments With Police: Let the Videographer Beware

Filed under: Criminal Law, News by Contributor @ September 1, 2015

Most will remember the popular, now infamous, news story from a few years back when a young woman was punched in the face by a police lieutenant at the Philadelphia Puerto Rican Day Parade. That incident was captured on video and audio by a local bystander and quickly went viral.  The past few years have […]

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Allocatur News: PA Supreme Court To Consider Prison Visitor “Telephone” Under State Wiretap Act

Filed under: Criminal Law by Contributor @ August 22, 2015

Those who have visited a prisoner in jail or seen it done on re-runs of Law & Order on television will recognize the “telephones” on either side of the secure plexiglass that separates the visitor from the accused or convicted.  The question the State Supreme Court will consider under a recent allocatur order from earlier this month is […]

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Philadelphia Court Allows Expert Testimony on Eyewitness Reliability

Filed under: Criminal Law by Contributor @ August 19, 2015

After conducting a Frye hearing to examine the methodology of research into the field of eyewitness identification and how the research may aid triers of fact to understand the limitations of eyewitness testimony, a three-judge panel of the Philadelphia Court of Common Pleas has found the science behind eyewitness testimony to be generally accepted among […]

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PA SUPREME COURT: Parole Encounter Was Custodial Interrogation Requiring Miranda

Filed under: Criminal Law by Contributor @ August 12, 2015

Last month, the Pennsylvania Supreme Court held in Commonwealth v. Cooley that a defendant was subject to custodial interrogation during an encounter with his parole agent.  Because the defendant was never read his Miranda rights, the Court further held that the admission of the defendant’s statement was in error and remanded the case for a new […]

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PA SUPERIOR COURT: Hearsay Enough for Prima Facie Case?

Filed under: Criminal Law, News by Contributor @ August 10, 2015

A three-member panel of the Pennsylvania Superior Court has upended the required evidence for proving a prima facie case at a preliminary hearing, holding in Commonwealth v. Ricker, 2015 WL 43810955, that a prima facie case at this stage in a criminal proceeding can be established solely based on hearsay. Hearsay is an out-of-court statement […]

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