For the Defense - Vol. 7, Issue 2 - 40

Using the strategy above, people both in and
outside my office have had tremendous success with
Rule 600 motions. Oftentimes, just making it plain
to the Commonwealth that you intend to seriously
litigate this issue can get you results. It is only one
weapon in your arsenal, but because a win means
discharge, it is a potent weapon that should never
be overlooked.
PANTONE
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Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
HEXIDECIMAL
3 Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
constitutional test); Commonwealth v. Preston, 904 A.2d
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
separate analysis from Rule 600 and therefore needs to be
raised separately).
Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
" prejudice " need be shown to obtain Rule 600 dismissal).
While Rule 600 has a more definitive time period, the sole
focus of Rule 600 is on the action of the Commonwealth.
Thus, a constitutional argument should be forwarded
when a delay prejudices a defendant and that delay was
primarily caused by the courts.
6 Pa.R.Crim.P. Rule 600(D)(1).
5
About the Author
Click here to view and/or print the
full notes section for this article.
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#153A5B
#EAC137
About the Author
One last note. Two days after I spoke with Chris Patterson
and Phil Gelso about writing this article, I was stopped
in New Jersey for speeding. Being concerned about
reciprocity issues, I called Ed Spreha's office in Harrisburg.
I told the receptionist who I was and the nature of my
problem. I was told that Ed was selecting a jury for a trial,
that the message would get to him and that he would
return my call. My message did get to Ed and he did
return my call. He returned my call within 45 minutes for
a traffic ticket! I don't think there's anything more I can
say about the community, camaraderie, and dedication of
the members of this organization.
#153A5B
#EAC137
What we have learned from the PACDL experience is
something that should be renewed and reinforced from
time to time. The most meaningful aspect of this journey
has been the personal interaction and human connection
with each other. I do not think this can be overstated. The
rewards may not be immediately obvious, but they are
inevitably very real.
Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
stand between the abuse of executive power and the
abuse of judicial power or any other excess designed to
trespass on our duty under the Sixth Amendment. Once
you have been in that position of needing the Lawyers
Assistance Strike Force you will never ask the question
again.
Mark your
calendars
In the final analysis, if PACDL as an institution disappeared
tomorrow, what would be left is our membership. We are
our most important asset. Do some good, try to make a
difference and, at least on occasion, have some fun.
CLE
October 14, 2022
at
The Hotel Hershey
6 CLE Credit Hours
Proud Supporters of
PACDL
and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
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40 For The Defense l Vol. 7, Issue 2
Vol. 4, Issue 4 l For The Defense 9
Robert J. Donatoni was a criminal
defense lawyer who handled cases
in the state and federal courts
for forty years. Mr. Donatoni is
a Founder and Past President of
PACDL. He retired in 2021 and
maintains a position as Adjunct
Professor of Law at the Delaware
School of Law.
Peter E. Kratsa Caroline G. Donato
pkratsa@macelree.com cdonato@macelree.com
ATTORNEYS AT LAW
17 West Miner Street
West Chester, PA 19382
macelree.com | 610-436-0100
http://www.macelree.com
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