For the Defense - Vol. 7, Issue 4 - 4

OPENING
STATEMENT
Patrick A. Casey, PACDL President
H
appy holidays from PACDL. The last year has been a
remarkable renewal of the friendships and camaraderie
fostered by our meetings and joint efforts. We are back live
in seminars with attendance at an all-time high. This is a credit to
our members who look to PACDL for leading edge CLE programs,
which address the critical issues of modern criminal practice.
Our seminars provide content uniquely vital to the Pennsylvania
criminal defense practitioners both in state and federal court. The
well-prepared speakers break down complex legal concepts into
nuts-and-bolts practice pointers and methods to protect clients.
For The Defense is a must-read for the Pennsylvania criminal
defense practitioners as it meticulously tracks current issues in all
phases of the criminal process.
In the grind of daily pressures of courtrooms and deadlines,
the heroes of our judicial system are often overlooked. Public
defenders, appointed counsel, and private counsel are the true
heroes of our society. Their exercise of the Sixth Amendment in
holding back the considerable power of the state is the essence
of our adversarial system. By doing so, they protect freedom for
all citizens. Criminal defense counsel enter courtrooms all over
the Commonwealth and deliver extraordinary results for those
least able to defend themselves. They serve their clients with skill,
diligence, compassion, and wisdom. Bob Dylan said, " A hero is
someone who understands the responsibility that comes with his
freedom. " As criminal defense attorneys, we understand and live
that responsibility. Our members also fulfill that responsibility
through PACDL's active committee work. This year's committee
work was filled with impressive accomplishments.
Next Generation Committee
In a tradition initiated by the Next Generation Committee
several years ago, several PACDL members were sworn in by
Chief Justice John G. Roberts before the entire Court on Monday,
October 31, 2022. Those sworn in were the following:
Advocacy Committee
The committee is engaged in actively informing legislators
of PACDL's concerns about the recent case, Commonwealth
v. Ruffin, related to partially obscured license plates. The
committee also is addressing issues related to the application
of DUI enforcement upon drivers who are legally using medical
marijuana.
Amicus Committee
In addition to our legislative accomplishments, PACDL
recently provided amicus support for an appellant challenging
a conviction based on admission of a written report attesting
to location and timing of gun shots without an authenticating
witness. The appeal in that case, Commonwealth v. Weeden,
docketed at No. 19 WAP 2022 in the Pennsylvania Supreme Court,
raises the issue of whether the prosecution properly introduced
a report generated by the " ShotSpotter " system without a
live witness or an opportunity for cross-examination. PACDL
previously joined the Defender Association of Philadelphia in
submitting an amicus brief in Commonwealth v. Wallace, No.
93 MAP 2021, which raised a similar challenge to admissibility
of GPS data. In both cases, PACDL urged the Supreme Court
to conclusively declare that machine-generated data must be
shown to satisfy the threshold requirement of reliability prior
to admission, especially in criminal cases where liberty and life
are at stake. Also, in May 2022, PACDL prepared and filed an
amicus brief before the Pennsylvania Supreme Court urging strict
compliance with Pennsylvania Rule of Criminal Procedure 573
requiring expert report disclosure.
Board Governance Committee
Sarah
B. Black, James T. Fuller, Charles M. Gibbs, Brian J. McMonagle,
Angela-Patricia Ramos, Matthew A. Sembach, Martin E. SoutoDiaz,
Diana D'Auria Spurlin, Douglas J. Taglieri, and Judith Noelle
Wilkinson.
4 For The Defense l Vol. 7, Issue 4
The Board Governance Committee is engaged in planning for
the 2023 recruitment process of selection and nomination of new
Committee and Board members. Any PACDL members wishing to
participate as a member of a committee or nominate a member
are encouraged to contact the Executive Director.
For the Defense - Vol. 7, Issue 4

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