I’ll Take the Double Jeopardy Challenge for a Thousand, Alex. The Superior Court Bars Subsequent Prosecution for Same Criminal Episode in Commonwealth v. George

In the recent case of Commonwealth v. George, the defendant pleaded guilty to two cocaine deliveries that were made in 2007, he was sentenced and served his time.  He was later charged by grand-jury presentment with two counts of corrupt organizations and one...

Possession of a Gun During a Drug Delivery Triggers Mandatory-Minimum Sentence, Regardless of Whether it was Possessed Legally

Criminal defense work constantly presents criminal lawyers with bad facts coupled with bad law. A new case handed down by the Pennsylvania Superior Court is a prime example of this. The case is Commonwealth v. Stein, 2012 PA Super. 26 (Feb. 7, 2012). The defendant is...

Round and Round We Go. Brady Violation Results in Mistrial with Prejudice, Then Reversal of the Ruling with Prejudice

This past July, Chester County Common Pleas Court Judge Howard F. Riley Jr. granted a defense motion for a mistrial with prejudice for three young men facing charges of rape, sexual assault and indecent assault against a female student because the prosecution withheld...

Mere Encounter Escalates Into Investigative Detention

In a recent opinion in Commonwealth v. Hudson, 2010 PA Super 96, the Pennsylvania Superior Court held that what began as a mere encounter escalated into an investigative detention when a police officer in Reading, Pennsylvania, took a defendant’s identification...