For the Defense - Vol. 5, Issue 2 - 40

ame objection
Using
above,
to the
the strategy
additional
time people
period.both in and
ny
outside my office have had tremendous success with
* At the Rule 600 hearing, after the defense has
Rule 600 motions. Oftentimes, just making it plain
made
a prima facie showing that the defendant
Conclusion
to the Commonwealth that you intend to seriously
way,
has not been brought to trial within 365 days,
litigate this issue can get you results. It is only one
ed
theSpousal
Commonwealth
thea burden
of tool,
proving
privilegebears
can be
powerful
and
weapon in your arsenal, but because a win means
n
onethey
thathave
every
trial lawyeracted
should
bediligence.
familiar
that
nonetheless
with
discharge, it is a potent weapon that should
Lsuch
E Anever
DERS,
with
in thethat
event
it arises.
Neither
h the This
means
after
the defense
hastypes
madeof
be overlooked.
TO SERVE
privilege
can it
beisinvoked
between
led to aspousal
prima facie
showing,
the Commonwealth
siblings,
parent/child,
nor
between
romantic
sts in who should be required to put on its evidence
NOTES:who are unmarried. Given that the
partners
and
the
defense should only argue after the
1
Commonwealth
v. Mills,
162 A.3dare
323to
(Pa.
2017).
underpinnings
of the
privilege
protect
Commonwealth
has
Essentially,
2
U.S. ConSt. Amend
.done
VI; PA.so.
CONST.
art. 1, § a
9. Rule 600
the 3societal
institution
marriage,
I identically
imagine
an
hearing
should
proceed
inofform
Commonwealth
v. DeBlase,
665almost
A.2d 427,
431 (Pa. 1995).
to
4
interesting
debate
will
likely
ensue the
Barker v.intellectual
Wingo,
407 U.S.
514, judge
530
(1972)
to a suppression
hearing.
If the
asks(articulating
you
uance regarding
how this
privilege
may unfold
over
constitutional
test);
Commonwealth
v. Preston,
904the
A.2d
to argue
prior Super.
to theCt.Commonwealth's
evidence,
10 (Pa.
2006) counsel
(the Barker
test to
is an
entirely
n
next 1,
few
years if creative
seek
expand
make it clear that
youfrom
could
argue
analysis
Rulenot
600possibly
andortherefore
needs to be
cover domestic
partnerships
to unmarried
ue for it to separate
raised
separately).
on
behalf
of
your
client
until
you
know
what
the
cohabitants.
5
Pa.R.Crim.P. Rule
600(2)(a);
also Commonwealth
Commonwealth's
evidence
ofsee
diligence
is.
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
ust be NOTES:
"prejudice" need beappears
shown toatobtain
Rule 600
600 dismissal).
* If the Commonwealth
the Rule
er the 1
While Rule 600 has a more definitive time period, the sole
hearing
and
does
not presentv.any
evidence
See, generally,
Commonwealth
Borris,
372 A.2dthat
451 (Pa.
of Rule 600 is on the action of the Commonwealth.
rules Super.focus
1977)
and
Commonwealth
v. Newman,
633
A.2d
1069
it acted
with
diligence-for
instance,
they
did
not
Thus, a constitutional argument should be forwarded
ealth (Pa. 1993).
when
delay prejudices
a defendant
and thatmade
delay was
bring
in
theaofficer
to testify
to the attempts
2
42 Pa.C.S. § 5914.
e
primarily
caused by the
courts.
to3 42
find
and
apprehend
the
defendant-argue
that
Pa.C.S
§ 591, Commonwealth v. May, 656 A.2d 1335,
6
al
Pa.R.Crim.P. Rule 600(D)(1).
1342
(Pa.
1995).
they have not met their burden because the burden
ve an
of proofClick
includes
theto
burden
ofand/or
production
and the
here
view
print
arguments
counselsection
are not evidence.
fullofnotes
for this article.
s
nt

WANTED:

Click here to view and/or print the
full notes section for this article.

About the Author
As defense counsel for police

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Lawyers
Assistance
Strike Force

About the Author

ing
ce.
uch
h
e

About the Author

departments, officers and

INFLUENCERS AND
S T Racross
AT E G
ISTS
prisons
Pennsylvania,
Katherine
Ernst
is an
O N PA C D L C O M M I T
T E Eof
S attorney Lauren
clients

appellate attorney with the
Dentone benefit from her
Montgomery
County
Public
comprehensive
knowledge
Defender's
Office.
Sheof the
of the inner
workings
criminalappeals
justice system,
as well
handles
from all
Apply by sending
a short
as nuances
in the
law that can
units,
juvenile
toemail
homicide,
work to their
advantage. A
to pacdl@pacdl.org
indicating
and she also
formulates
partner at the law firm Gawthrop Greenwood, she has
your committee
of interest.
strategy
for
pre-trial
more than a decade of legal
trial experience
both
prosecuting
A
list
of
committees
can
be Cum
and
trial units.criminal
Katherine
graduated
Magna
and defending
cases.
Dentone has
served
as an
found
on
website.
adjunctfrom
professor
in criminology
prison
practices at
Laude
Loyola
LawPACDL's
School,and
New
Orleans
Rosemont College, where she instructed on sociological
in 2007 and was on law review. She practiced
theories of why individuals commit crimes, the criminal
at
Kaufman,
Coren & Ress
in Philadelphia
out
process
in Pennsylvania,
sentencing
schematics,
trial
of
law
school,
and
thereafter
did
work
in
the
strategy and rehabilitative measures. A native of Long
Island with a competitive
rowing
that includes
intersection
of horseracing
lawcareer
and §1983
for a
state
and
national
titles,
Lauren
resides
in
Pennsylvania,
number of years before following her passion
where she continues to pursue her passion for music, art
for
andindigent
rowing incriminal
her free defense.
time.

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Vol. 4, Issue 4

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57

Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
PACDL's Lawyers Assistance
Strike
Force
and she also
formulates
offers consultation to
attorneys
who
legal
strategy
forare
pre-trial
threatened
forKatherine
providinggraduated
legal representation
and
trial units.
Magna Cum
to
a
client
in
a
criminal
proceeding.
At no
Laude from Loyola Law School, New Orleans
an experienced
in cost,
2007you
andmay
wasconsult
on lawwith
review.
She practiced
attorney
to
discuss
a
contempt
citation, a out
at Kaufman, Coren & Ress in Philadelphia
to disqualify,
or a subpoena
to in the
ofmotion
law school,
and thereafter
did work
provide information.
Yourlaw
request
intersection
of horseracing
and for
§1983 for a
assistance
receives
top
priority
from
number of years before following
her passion
Pennsylvania
attorneys who will
forexperienced
indigent criminal
defense.

e 600
cally
u
ce,
e
the

0
at
not
made
that
urden
nd

review your case. Contact www.pacdl.org. or
call 717.234.7403.

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