For the Defense - Volume 2, Issue 4 - 2017 - 38
report and no incident report was introduced
into evidence at the suppression hearing.
existed to support a seizure and a subsequent
weapons frisk."
Allocatur grant: "Whether law enforcement
may reenter a residence after the exigency that
permitted the initial entry has dissipated?"
Status: Pending. Argued November 2, 2016
Status: Pending; briefing not complete.
Amicus Authors: Leonard Sosnov of the
Defender Association of Philadelphia and
David Rudovsky of Rudovsky, Messing,
Feinberg & Lin, LLP
Amicus Authors: Leonard Sosnov, Karl Baker
and Keir Bradford-Grey of the Defender
Association of Philadelphia
Pending Cases Previously Reported
Commw. v. Mathis: Amicus Filed: June 9, 2016
Nature of the case: Mathis was in the kitchen
of a home that belonged to Gary Waters and
was receiving a haircut. Waters was on state
parole. State parole agents entered the home
to perform a "home visit" and purportedly
smelled marijuana in the living room. The
agents did not smell marijuana in the kitchen,
but told Mathis that he was being detained.
Mathis complied with the agents' instructions,
but refused to consent to a search. Based
on, among other things, the smell and the
observation of a bulge in Mathis' clothing, the
agents frisked Mathis and found a gun; Mathis
then admitted to having marijuana. Mathis
was cuffed and ultimately arrested.
Commw. v. Loughnane:
Amicus Filed: October 27, 2016
Nature of case: A woman was struck and killed
by a truck. A description of the truck was
provided. Two weeks later, the police received
information that a truck that fit the description
was parked in a driveway. Hours later, the
truck was seized from the driveway without
a warrant and towed to a police garage. Four
days later, a warrant was obtained to search
the truck, which was still in police custody.
Allocatur grant: "Whether the Superior Court
erred by holding that the automobile exception, adopted in Commonwealth v. Gary, 91
A.3d 102 (Pa. 2014), allowed police to seize a
vehicle from the defendant's private residential
driveway without a warrant."
Status: Pending. Argued March 7, 2017
Allocatur grant: "Whether, as a matter of
first impression, the Superior Court erred in
affirming the trial court's decision denying
[petitioner's] motion to suppress evidence
where state parole agents lacked authority and
subsequently reasonable suspicion to detain
[petitioner] and conduct an investigative
detention in violation of Article I, Section 8 of
the Pennsylvania Constitution and the Fourth
Amendment to the United States Constitution?
The parties were directed to separately address
in their briefs the subsumed and alternate
claims respecting (1) the authority of parole
agents and (2) whether reasonable suspicion
38
For The Defense | Vol. 2, Issue 4
Amicus Authors: Leonard Sosnov of the
Defender Association of Philadelphia and
David Rudovsky of Rudovsky, Messing,
Feinberg & Lin, LLP.
Commw. v. Ward-Green:
Amicus Filed: April 28, 2017
Nature of case: This case raises issues arising
under the PCRA. Claims of "shifted science"
are usually presented under the "newly
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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