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 the overwhelming leverage of the Commonwealth’s threat of the imposition of a mandatory-minimum sentence.
It’s too early to tell if the Commonwealth will seek allocatur from the Pennsylvania Supreme Court.
Download a PDF of the opinion, authored by Ford Elliot, P.J.E. here.
Download a PDF of the concurrence, authored by Mundy, J. here.
If you enjoyed this article, check out my post on Commonwealth v. George.
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