Criminal Lawyer Update: Pennsylvania Superior Court Rules Most Mandatory Minimum Sentencing Statutes Unconstitutional in Commonwealth v. Newman, 2014 Pa. Super. 178 (Aug. 20, 2014)

In Commonwealth v. Newman, the Pennsylvania Superior Court, ruling unanimously, en banc, holds most mandatory minimums in Pennsylvania unconstitutional as a result of Alleyene v. United States.  Defendants in criminal court will no longer have to endure...

Philadelphia Criminal Lawyer Update: PA Supreme Court Reigns in Application of Mandatory Minimum Sentences for Drug Dealing with a Firearm

The case is Commonwealth v. Hanson, ___ A.3d ___ (2013), 2013 WL 6831854 (Pa. Supreme Ct., Dec. 27, 2013).  The opinion is written by Justice Saylor.   And, the application of a gun plus drug dealing mandatory minimum is overruled, because a defendant...

Pennsylvania Supreme Court Strikes Down Act 152 of 2004 as Violative of the Single-Subject Rule of Art. III, Sec. 3 of the Pennsylvania Constitution

On December 16, 2013, the Pennsylvania Supreme Court struck down Act 152 of 2004 (“Act 152”), in its entirety, as violating the single-subject rule of Article III, Section 3 of the Pennsylvania Constitution.  Act 152 made various changes to the...