by Brad Shuttleworth | Jan 12, 2014 | Criminal Lawyer, drug charges, Gun Charges, Gun Laws, Mandatory-Minimum Sentences, Sentencing, Uncategorized
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... by Brad Shuttleworth | May 5, 2012 | Criminal Lawyer, Gun Laws, Gun Lawyer, Mandatory-Minimum Sentences, Uncategorized
In Commonwealth v. Hawkins, ___ A.3d ___ (2012), 2012 Pa. Super. 85 (Apr. 12, 2012), the Superior Court of Pennsylvania affirmed a mandatory-minimum sentence of five years imprisonment for certain drug offenses committed with a firearm under 42 Pa.C.S. Sec.... by Brad Shuttleworth | Mar 1, 2012 | Criminal Attorney, Criminal Court, Criminal Lawyer, Deadly Weapon Enhancement, Gun Charges, Gun Laws, Gun Lawyer, Mandatory-Minimum Sentences, Sentencing, Uncategorized
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... by Brad Shuttleworth | Nov 4, 2010 | Criminal Court, Criminal Lawyer, Gun Charges, Gun Laws, Searches and Seizures, Suppression of Evidence, Uncategorized
The Philadelphia Inquirer reported today that the American Civil Liberties Union has sued the City of Philadelphia for illegal stop and frisk policy. Stop and frisk has been around for decades, but, in order to do it, the police need reasonable suspicion that criminal... by Brad Shuttleworth | Sep 17, 2010 | Criminal Lawyer, Criminal Lawyers, Drug Lawyer, Gun Charges, Gun Laws, Gun Lawyer, Searches and Seizures, Suppression of Evidence, Uncategorized
In a recent opinion, the Pennsylvania Superior Court held that the inventory search of an immobilized automobile, immobilized under the Live Stop program was a lawful search, even though the automobile was not yet permitted to be towed. To read the case, click... by Brad Shuttleworth | Jun 30, 2009 | Criminal Court, Criminal Lawyer, Criminal Lawyers, Gun Charges, Gun Laws, Gun Lawyer, Statutory Construction, Uncategorized
I just read a fairly recent opinion authored by Justice Castille, wherein the Pennsylvania Supreme Court ruled that 18 Pa.C.S. Sec. 2707.1 (Discharge of a firearm into an occupied structure) does not include a situation where someone discharges a firearm while inside...
Recent Comments