Pennsylvania updates court reporting rules

Filed under: Litigation, News by Steven F. Fairlie @ December 17, 2014

The Pennsylvania Supreme Court has announced adoption of the first new set of rules regulating court reporting and court transcripts in more than thirty years. Among the issues updated are the maximum costs for transcripts, ownership of transcripts and payment therefore (to the court rather than court reporters), waiving fees for litigants who are unable […]

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6 Dead in Montgomery County Shootings this Morning

Filed under: News by Steven F. Fairlie @ December 15, 2014

Shootings in Montgomery County, Pennsylvania left six people dead this morning. The same suspect, Bradley Stone, a military veteran from Pennsburg, has been linked to the shootings which took place in Lansdale, Lower Salford, and Souderton. It was believed that the police had the suspect surrounded in a home in Souderton earlier this morning, but […]

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PA Superior Court: Evidence of Checkpoint Data A Must To Avoid Suppression

Filed under: Criminal Law, DUI by Contributor @ December 10, 2014

In Commonwealth v. Garibay, 758 WDA 2012,  the Pennsylvania Superior Court, sitting en banc, held that the Commonwealth must produce, by testimony or actual documentation, statistics, data or reports to support the choice of location, timing, and duration of a vehicle-stop checkpoint in order to meet the “reasonableness” standard required for seizures under the Pennsylvania and United […]

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Important New License Suspension Consideration for DUI Plea Deals

Filed under: Criminal Law, DUI by Contributor @ December 9, 2014

Over the summer, the Pennsylvania Supreme Court handed down a new decision that may yet revolutionize DUI plea negotiations.  In Bell v. Commonwealth, 2014 WL 3582707,  the Court held that multiple operating privilege suspensions of listed violations under 75 Pa.C.S. §§ 1532(a)(1) of the Vehicle Code are properly imposed following a conviction of each enumerated […]

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PA Superior Court: School-Zone Drug Sentencing Regime Unconstitutional Under Alleyne

Filed under: Drug Crimes by Contributor @ December 4, 2014

A three-member panel of the Pennsylvania Superior Court held in Commonwealth v. Bizzel, 2014 WL 6756277, that 18 Pa.C.S. § 6317, the drug-free school zone statute, is unconstitutional under United States v. Alleyne, 133 S.Ct. 2151 (2013).  The decision is currently under appeal to the Pennsylvania Supreme Court. Section 6317 of the Crimes Code requires additional, mandatory […]

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