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The U.S. Supreme Court has recently ruled (6-3) that state prisoners have no constitutional right to present new evidence in federal court to support claims they were inadequately represented at trial and on appeal in state courts. LISTENT TO NINA TOTENBERG’S...
Most people accused of a driving under the influence (DUI) offense in Pennsylvania get caught with alcohol in their bloodstream. However, driving under the influence includes drugged driving. The police can arrest someone for getting behind the wheel after consuming...
Mike Winters was recently elected to serve as Secretary of the PA Association of Criminal Defense Lawyers (PACDL). He has served on the PACDL Board of Directors since 2016 and is also the Editor at Large for the Association’s quarterly publication, For The Defense....
The PA Superior Court has recently decided that a defendant's right to a fair trial and due process of law is violated when a prosecutor is permitted to suggest that the defendant’s pre-arrest efforts to retain an attorney are consistent with guilt. Lang was...
At some point in time, we were all teenagers. When you were a kid, perhaps you noticed adults talking down to you or assuming you were trouble. Well, it’s no different for juveniles today. Such stereotypes are fairly common, and they can extend to the attitude of law...
Today, the PA Superior Court held that when a driver drives with any marijuana or its metabolites in their blood, they can be charged with DUI because all marijuana, including medical marijuana, remains a Schedule I controlled substance for the purpose of DUI...
Young people get arrested for all manner of crimes and infractions, and there are a lot of different reasons why this happens. For instance, many parents are often shocked to find out that their child has been arrested and it turns out that the child was being...
You and your friends work so hard during the week that you barely have time to see each other. The weekend is your time for relaxation, and a large part of this involves going out in a group. You all like to have a drink, and there is certainly nothing wrong with...
In June of 2020, stores throughout the United States were experiencing an increase in looting due to social unrest. It was during this time that police became aware of a social media post on Facebook made by a juvenile, E.L.W. wherein she stated, “We looting Walmart...
The PA Superior Court has recently held that “marijuana remains a Schedule I controlled substance under current Pennsylvania law and, therefore, the Commonwealth is not required to prove that the marijuana in an individual’s bloodstream is non-medical marijuana for...
