by Brad Shuttleworth | Jun 22, 2016 | Involuntary Deviate Sexual Intercourse, Mandatory-Minimum Sentences, Pennsylvania Constitution, Sex Crimes, Uncategorized
On June 20, 2016, the Pennsylvania Supreme Court, in Pennsylvania v. Wolfe, with the opinion authored by Chief Justice Saylor, struck down the mandatory minimum sentencing provisions of 42 Pa.C.S. § 9718, which mandated for mandatory minimums for certain offenses... by Brad Shuttleworth | Jun 20, 2016 | Criminal Lawyer Philadelphia, Uncategorized
Brad V. Shuttleworth again has been named as a Pennsylvania Super Lawyers Rising Star. According to the Pennsylvania Super Lawyers website: “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a... by Brad Shuttleworth | Jun 17, 2016 | Fifth Amendment, Homicide, Juvenile Crime, Uncategorized
Remember in 2011, when I wrote a couple of posts about Jordan Brown, the juvenile charged with homicide charges in Lawrence County, Pennsylvania? Well, today, I returned to my office from court and lunch at about 1 o’clock in the afternoon, and, for some... by Brad Shuttleworth | Jul 17, 2015 | Fifth Amendment, Interrogations, Miranda, Probation and Parole, Uncategorized
The Pennsylvania Supreme Court recently held that probation and parole agents/officers must give Miranda warnings to individuals before questioning them if they are in custody. The case is Commonwealth v. Cooley. Read it... by Brad Shuttleworth | Jul 16, 2015 | Computers, Search Warrants, Searches and Seizures, Suppression of Evidence, Technology, Uncategorized
On June 5, 2015, the Pennsylvania Supreme Court decided the case of Commonwealth v. Sodomsky, 2015 PA Super 133 (Pa. Super. Ct. 2015), wherein it held that police need a warrant to search a personal computer, even where the computer was not in the possession of the... by Brad Shuttleworth | Jul 2, 2015 | Suppression of Evidence, Technology, Uncategorized, Wiretapping
In Commonwealth v. Diego, 2015 PA Super 143 (Pa. Super. June 23, 2015), the Pennsylvania Superior Court ruled that text messages sent by the defendant to an informant’s iPad were not intercepted under the Pennsylvania Wiretapping and Electronic Surveillance... by Brad Shuttleworth | Jun 6, 2015 | First Amendment, Intent, Scienter, Threats, Uncategorized, United States Supreme Court
This week, the United States Supreme Court decided the case of Elonis v. United States, interpreting a federal statute criminalizing threats to injure another, 18 U.S.C. §875(c). Chief Justice Roberts delivered the opinion of the court. Basically,... by Brad Shuttleworth | Jun 6, 2015 | Dog Sniffs, Fourth Amendment, Searches and Seizures, Uncategorized, United States Supreme Court
The following story is one I wrote, which was originally published in the April 2015 edition of Upon Further Review, a publication of the Philadelphia Bar Association. Re-printed here with permission of the Philadelphia Bar Association. The original work... by Brad Shuttleworth | May 12, 2015 | Searches and Seizures, traffic stops, Uncategorized
Just a week after the United States Supreme Court suppressed evidence discovered as a result of an dog sniff because police unjustifiably prolonged a traffic stop in Rodriguez v. United States, 575 U.S. _ (Apr. 21, 2014) (see my April 26, 2015 blog post), the PA... by Brad Shuttleworth | Apr 30, 2015 | Uncategorized
Today, 4/30/15, according to the Philadelphia Courts Website: The FJD was informed today that on Thursday, April 30, 2015 at 4:30pm there will be a “Philadelphia is Baltimore” rally in the vicinity of 15th and Market Street. In an abundance of caution and...
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