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The PA Superior Court has held that when a female exposes her breasts to inmates at a county jail from the street below their cell windows, her public, sexually explicit misconduct violates the open-lewdness statute. Elisabell Berrios received a call from her...
The PA Supreme Court has held that GPS data, compiled from a GPS monitoring device on a parolee, is not hearsay because it does not constitute a statement made by a declarant, as outlined in Rule 801, as it is not an assertion (or the nonverbal conduct) of a person....
The Pa. Superior Court recently reversed and vacated the adjudication of the juvenile, J.C., for Corruption of Minors (COM), holding that where a crime under the law of this Commonwealth requires the perpetrator be an adult, such an offense cannot be deemed a...
The Commonwealth Court has recently reversed a trial court’s order directing that Appellant’s firearm be sold and the proceeds given to him, rather than returning the firearm to him. Appellant, Kenneth Trainer, “was the subject of an ‘unsupported’ criminal...
In this Juvenile Court case, T.Q.B. was adjudicated delinquent of transmitting sexually explicit images by a minor after she “goaded” a 12-year-old “mentally challenged” female to lift up her shirt, exposing the lower portion of her breast while T.Q.B. videoed the...
In this unreported opinion, Licensee appealed a one-year suspension based on an alleged refusal to submit to chemical testing under the Implied Consent Law. Ultimately (and after exercising much patience with the PA State Police (PSP) and PennDOT), the trial court...
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...
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...
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...
