For the Defense - Volume 2, Issue 4 - 2017 - 31

After confirming the inmate's condition, a
letter or other written confirmation from the
medical department at the client's state prison is
required to confirm the condition of the inmate,
since the statute requires confirmation by the
"treating physician." In Frank's case, as he was
seeking deferment of sentence for the terminally
ill, the letter needed to state that Frank was not
ambulatory and would pass away soon. I received
the letter on July 31, 2017. A week into this
process, I felt confident that I could successfully
file the petition soon.
The next step was far more difficult in Frank's
case. The inmate needs somewhere to receive
care if he or she is released. This part of the
process is problematic because many care facilities will not agree to provide care to someone
whom they have not examined or previously
treated. Also, care facilities are required to
notify staff, patients, and other individuals at the
facility that they are treating someone from a
Pennsylvania state prison, if those individuals will

WANTED:

come in contact with the inmate. Insurance can
also present a problem in securing placements
and services.9 For prisoners who are veterans,
however, the Veteran's Affairs system can provide
a hospice placement.
In speaking with a local hospice provider concerning Frank, they were amenable to providing
hospice services at Frank's sister's home. However,
they would not provide a letter agreeing to do so
because they had never examined Frank. Hospice
required a letter from Frank's treating physician
attesting to his condition, for continuity of care.10
Nearly every single day, I emailed the coordinator
in the medical department requesting this letter.
I was repeatedly told that someone will get to
it. Eventually, I received the letter on August 17,
2017 - a full 13 days after first requesting it. The
letter was dated August 10, 2017. It sat on someone's desk for seven days before it was emailed.
It is possible that a request from the family for
constituent services from the local state representative or state senator, directing an inquiry of

N AV I G AT O R S , S T R AT E G I S T S A N D L E A D E R S
TO S E RV E O N PA C D L B O A R D O F D IRECTORS

Apply with a letter of interest
to pacdl@pacdl.org no later
than December 31, 2017.

Vol. 2, Issue 4 | For The Defense

31



Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 4 - 2017

Table of Contents
Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
Changes in the DUI Landscape: Acts 33 and 30
Police Misconduct Resulting in Arrest: Weighing the Options
Dying with Dignity: Compassionate Release in Pennsylvania
Amicus Matters
Attorney Discipline
Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 1
For the Defense - Volume 2, Issue 4 - 2017 - 2
For the Defense - Volume 2, Issue 4 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 4 - 2017 - 4
For the Defense - Volume 2, Issue 4 - 2017 - Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
For the Defense - Volume 2, Issue 4 - 2017 - 6
For the Defense - Volume 2, Issue 4 - 2017 - 7
For the Defense - Volume 2, Issue 4 - 2017 - 8
For the Defense - Volume 2, Issue 4 - 2017 - 9
For the Defense - Volume 2, Issue 4 - 2017 - 10
For the Defense - Volume 2, Issue 4 - 2017 - United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
For the Defense - Volume 2, Issue 4 - 2017 - 12
For the Defense - Volume 2, Issue 4 - 2017 - 13
For the Defense - Volume 2, Issue 4 - 2017 - 14
For the Defense - Volume 2, Issue 4 - 2017 - 15
For the Defense - Volume 2, Issue 4 - 2017 - 16
For the Defense - Volume 2, Issue 4 - 2017 - 17
For the Defense - Volume 2, Issue 4 - 2017 - Changes in the DUI Landscape: Acts 33 and 30
For the Defense - Volume 2, Issue 4 - 2017 - 19
For the Defense - Volume 2, Issue 4 - 2017 - 20
For the Defense - Volume 2, Issue 4 - 2017 - 21
For the Defense - Volume 2, Issue 4 - 2017 - Police Misconduct Resulting in Arrest: Weighing the Options
For the Defense - Volume 2, Issue 4 - 2017 - 23
For the Defense - Volume 2, Issue 4 - 2017 - 24
For the Defense - Volume 2, Issue 4 - 2017 - 25
For the Defense - Volume 2, Issue 4 - 2017 - 26
For the Defense - Volume 2, Issue 4 - 2017 - 27
For the Defense - Volume 2, Issue 4 - 2017 - 28
For the Defense - Volume 2, Issue 4 - 2017 - Dying with Dignity: Compassionate Release in Pennsylvania
For the Defense - Volume 2, Issue 4 - 2017 - 30
For the Defense - Volume 2, Issue 4 - 2017 - 31
For the Defense - Volume 2, Issue 4 - 2017 - 32
For the Defense - Volume 2, Issue 4 - 2017 - 33
For the Defense - Volume 2, Issue 4 - 2017 - 34
For the Defense - Volume 2, Issue 4 - 2017 - Amicus Matters
For the Defense - Volume 2, Issue 4 - 2017 - 36
For the Defense - Volume 2, Issue 4 - 2017 - 37
For the Defense - Volume 2, Issue 4 - 2017 - 38
For the Defense - Volume 2, Issue 4 - 2017 - 39
For the Defense - Volume 2, Issue 4 - 2017 - Attorney Discipline
For the Defense - Volume 2, Issue 4 - 2017 - 41
For the Defense - Volume 2, Issue 4 - 2017 - 42
For the Defense - Volume 2, Issue 4 - 2017 - 43
For the Defense - Volume 2, Issue 4 - 2017 - Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 45
For the Defense - Volume 2, Issue 4 - 2017 - 46
For the Defense - Volume 2, Issue 4 - 2017 - 47
For the Defense - Volume 2, Issue 4 - 2017 - 48
For the Defense - Volume 2, Issue 4 - 2017 - 49
For the Defense - Volume 2, Issue 4 - 2017 - 50
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