The following story was originally published in the July 2013 edition of Upon Further Review, a publication of the Philadelphia Bar Association. United States Supreme Court Rules that Facts Triggering Mandatory-Minimum Sentences Are Elements of a Criminal Offense in Alleyne v. United States Brad V. Shuttleworth, Esq. on 07/18/2013 In 2000, the United States Supreme […]
PA Sup. Ct. Rules on Juvenile Life Without Parole
The Pennsylvania Supreme Court, in Commonwealth v. Batts (March 26, 2013), ruled that the trial court unlawfully sentenced a juvenile to a mandatory sentence of life without parole, applying the United States Supreme Court opinion in Miller v. Alabama and new Pennsylvania law on juvenile sentencing in murder cases. This is a must read for […]
CT’s Death Penalty Law on the Verge of Repeal
Last week, the Connecticut House of Representatives voted 86-63 to repeal its state’s death penalty law. The state Senate passed the bill earlier in the week. Governor Dannel Malloy has promised to sign the bill making Connecticut the 17th state, and the 5thin the past 5 years, to repeal capital punishment. The bill is prospective […]
Drug Delivery Gun Possession Triggers Mandatory Sentence
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 now serving a five-year mandatory-minimum prison sentence because he […]
Superior Court of Pennsylvania Holds Probation Violation Illegal When Original Sentence Illegal
In the recent case of Commonwealth v. Milhomme, 2011 PA Super. 149 (July 21, 2011), the Superior Court of Pennsylvania held that a sentence stemming from a violation of probation was illegal where the original sentence was illegal. After checking out the ruling, you might enjoy this article about mandatory minimum sentences on firearms. Were […]