The PA Supreme Court “recently explained that, where law enforcement seeks to search a cell phone seized incident to arrest, the applicable rule is “exceedingly simple: . . . get a warrant.” This week, the Court published Commonwealth v. Johnson, No. 25 WAP 2019 (Pa....
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Month: October 2020
LANCASTER COUNTY JUDICIAL EMERGENCY EXTENDED TO DECEMBER 31, 2020
On October 19, 2020, the Lancaster County Court of Common Pleas extended the Judicial Emergency in that jurisdiction to December 31, 2020, or until further Notice from the Court. Criminal jury trials will continue to be held, provided they can be conducted safely....
WELL, IT DOESN’T TAKE AN EXPERT …
IT DOESN'T TAKE AN EXPERT TO SHOW THAT AN OPERATOR'S REFUSAL TO SUBMIT TO A CHEMICAL TEST WAS NOT A KNOWING & CONSCIOUS REFUSAL (if the operator has suffered injuries that were severe, incapacitating & obvious) In an unreported memorandum opinion from the Hon....
MICHAEL T. WINTERS APPOINTED TO PA COMMISSION ON CRIME & DELINQUENCY TRAINING SUBCOMMITTEE FOR COUNTY ADULT PROBATION & PAROLE
Attorney Michael T. Winters was recently appointed to serve on the PA Commission on Crime & Delinquency's Training Subcommittee for County Adult Probation & Parole in the Commonwealth. Nominated by the PA Association of Criminal Defense Lawyers, where he...
WHEN IS AN AGGRAVATED ASSAULT NOT A “CRIME OF VIOLENCE?”
Saeed Rasheed Johnson appealed from the aggregate judgment of sentence of ten to twenty years of imprisonment imposed after he was convicted of robbery and possessing an instrument of crime (“PIC”). Johnson contended that his prior conviction for aggravated assault in...