PACDL - Pennsylvania Association of Criminal Defense Lawyers

04/20/2019

2019 Joint Annual Conference

Register today for the best Criminal Defense CLE in Harrisburg! The 2019 Joint Annual Conference Presented by PACDL and the Public Defender Association of PA will be held on April 25 and 26 at the Hilton Harrisburg.

On Thursday, April 25, we will offer a Capital Case Track and a General Session Track.

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Our General Session Track offers 5 Substantive Law Credits and 1 Ethics Credit.

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General Session Track Offerings Include:

9:00am "Voir Dire Voo Doo: Using Psychology to Demystify Jury Selection" with Kelli Childress, Kane County Public Defender Office, Illinois

10:45am "Challenge Dog Sniff Evidence!" with Peter E. Kratsa, MacElree Harvey, Ltd. and Andy Falco Jimenez, Falco K9 Academy, California

1:30pm "Challenging Shaken Baby Syndrome and Other Child Abuse Cases" with Cyril Wecht, J.D., M.D., and John I. McMahon, Jr. of McMahon Lentz & Thompson

2:45pm "You Can't Handle the Truth - Conducting an Effective Interview of a Client" with Lauren Dentone of Gathrop Greenwood, PC and Kimberly F. Makoul, Chief, Lehigh County Office of the Public Defender

3:50pm "Meeting Your Ethical Obligation to Tackle Fines, Costs and Restitution" with Andrew Christy, ACLU of Pennsylvania and Nicole Sloane, Erie County Public Defender Office

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To Register: https://www.pacdl.org/ev_calendar_day.asp?eventid=47&date=4/25/2019

Event Name : 2019 Joint Annual Conference Event Name : 2019 Joint Annual Conference Event Start Date : 4/25/2019 9:00 AM Event End Date : 4/26/2019 5:00 PM Venue Name : Hilton Harrisburg Event Location :

04/19/2019

2019 Joint Annual Conference

Register today for the best Criminal Defense CLE in Harrisburg! The 2019 Joint Annual Conference Presented by PACDL and the Public Defender Association of PA will be held on April 25 and 26 at the Hilton Harrisburg.

On Thursday, April 25, we will offer a Capital Case Track and a General Session Track.

-

Our Capital Case Track offers 5 Substantive Law Credits and 1 Ethics Credit.

-

Capital Case Track Offerings Include:

9:00am "Cracking the DNA Code" with Heather McKiernan, Center for Forensic Research and Education

10:15am "Toxicology with an Emphasis on Drug and Alcohol Intoxication" with Dr. Barry K. Logan of NMS Labs

11:15am "Time for Change: The Findings of Scientific Bodies Evaluating Forensic Disciplines and Their Relevance to Legal Challenges" with Julia Leighton, Public Defender Service for the District of Columbia

1:30pm "America's Original Sin, the Death Penalty and the Capital Lawyers' Duty of Competence: Ethical Obligations Tested Anew in the Era of Dog Whistles, Travel Bans and Walls" with Henderson Hill of the 8th Amendment Project

2:45pm "A Review of the Death Penalty Across the Nation and Pennsylvania" with Marc Bookman, Atlantic Center for Capital Representation; Henderson Hill, The 8th Amendment Project; and, Jules Epstein, Temple University, Beasley School of Law

3:50pm "Intellectual Disability: Atkins and Beyond" with Lynn A. Ellenberger, The Office of the Federal Public Defender, CHU, Western District of Pennsylvania

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To Register: https://www.pacdl.org/ev_calendar_day.asp?eventid=47&date=4/25/2019

Event Name : 2019 Joint Annual Conference Event Name : 2019 Joint Annual Conference Event Start Date : 4/25/2019 9:00 AM Event End Date : 4/26/2019 5:00 PM Venue Name : Hilton Harrisburg Event Location :

04/18/2019

2019 Joint Annual Conference

Register today for the best Criminal Defense CLE in Harrisburg! The 2019 Joint Annual Conference Presented by PACDL and the Public Defender Association of PA will be held on April 25 and 26 at the Hilton Harrisburg.

On April 26 at 10:45am, Chris Adams of Charleston, SC, will share "What's Interrogation Got to Do with It: Defending False Confession Cases." This session discusses how police interrogate suspects, how those techniques persuade innocent persons to falsely confess, suppression motions, expert witnesses and trial strategies, including how to cross examine law enforcement officers who obtain confessions.

To Register: https://www.pacdl.org/ev_calendar_day.asp?eventid=47&date=4/25/2019

Event Name : 2019 Joint Annual Conference Event Name : 2019 Joint Annual Conference Event Start Date : 4/25/2019 9:00 AM Event End Date : 4/26/2019 5:00 PM Venue Name : Hilton Harrisburg Event Location :

04/17/2019

Gawthrop Greenwood Attorney Lauren Dentone Named to Pennsylvania Association of Criminal Defense Lawyers Rules Committee

We are pleased to welcome Lauren Denton to the PACDL Rules Committee!

Criminal defense and family law attorney Lauren Dentone, a partner at Gawthrop Greenwood, PC, has been named to the Rules Committee for the Pennsylvania Association of Criminal Defense Lawyers (PACDL). A member of the PACDL since 2010, Dentone brings more than a decade of criminal defense and trial....

04/16/2019

2019 Joint Annual Conference

Register today for the best Criminal Defense CLE in Harrisburg! The 2019 Joint Annual Conference Presented by PACDL and the Public Defender Association of PA will be held on April 25 and 26 at the Hilton Harrisburg.

On April 26 at 9am , Edward F. Spreha, Jr. of The Law Offices of Wagner and Spreha will present "DUI and Motor Vehicle Law Update." This intensive case and statutory law presentation will give you the inside track on the changes impacting DUI and motor vehicle laws in PA.

Then at 1:30pm, Leonard Sosnov of the Defender Association of Pennsylvania will present the 2019 Search and Seizure Update. This session will give you up-to-the-minute review of state and federal search and seizure law for immediate application to your caseload. It will also briefly address issues worth litigating where precedent does not support defense counsel's motion to suppress.

To Register: https://www.pacdl.org/ev_calendar_day.asp?eventid=47&date=4/25/2019

Event Name : 2019 Joint Annual Conference Event Name : 2019 Joint Annual Conference Event Start Date : 4/25/2019 9:00 AM Event End Date : 4/26/2019 5:00 PM Venue Name : Hilton Harrisburg Event Location :

04/02/2019

The PA Superior Court has published two opinions in which it has prohibited trial courts from charging defendants for the costs associated with sentencings or resentencings.

In Commonwealth v. Lehman, 2018 PA Super 2, the court ruled that a defendant who is resentenced cannot be billed for the costs of that resentencing under either 16 P.S. § 4403 or Pennsylvania common law because it would “punish” the defendant for exercising his right to have a legal sentence.

The court issued a broader opinion in Commonwealth v. Davis, 2019 PA Super 99, explaining that the “costs of prosecution” authorized by 16 P.S. § 1403 ends with conviction. The plain definition does not include the costs of “sentencing,” so a defendant cannot be liable for any costs associated with sentencing.

03/28/2019

This week, Senator Sharif Street introduced Senate Bill 474 to repeal the mandate on the Pennsylvania Commission on Sentencing to develop a pre-sentencing risk assessment tool. PACDL supports the repeal of this mandate that would disparately affect sentencing decisions based on race and gender.

03/28/2019

The PA Criminal Procedural Rules Committee is publishing a proposed amendment to Pa. R. Crim. P. 231 relating to Grand Juries. They are also proposing amendments to Rule 201 and to the comment to Rule 515 dealing with the purpose of a warrant and an execution of a warrant. Comments are due by May 3, 2019. If you are interested in working with PACDL’s Rules Committee to draft remarks, please contact PACDL by email ([email protected]).

03/26/2019

www.pacourts.us

The PA. Superior Court recently decided the case of Commonwealth v. Scott, No. 1470 WDA 2016 (December 8, 2017), holding that the trial court erred in finding Scott strictly liable for carrying a concealed firearm and that, in order to establish a violation of carrying a concealed firearm without a license, the Commonwealth must establish that the defendant intentionally, knowingly, or recklessly concealed the firearm.

http://www.pacourts.us/assets/opinions/Superior/out/Opinion%20%20VacatedRemanded%20%2010334794930467796.pdf?cb=1

03/21/2019

SmartBrief - Industry E-mail Newsletters for Professionals

The Supreme Court held in a 5-4 decision that legal immigrants may be detained without a hearing pending deportation proceedings. The court held that the federal government can detain immigrants at any time -- even years -- after they have served prison sentences.

https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fr.smartbrief.com%2Fresp%2FlnBhCvwHeXDhdSuiCievdfCicNqlBx%3Fformat%3Dmultipart&data=02%7C01%7Cauj65%40psu.edu%7Cd39d00f94dfb4ea43b0708d6adf85b0f%7C7cf48d453ddb4389a9c1c115526eb52e%7C0%7C0%7C636887679527754444&sdata=dnz8JxFgUu%2FnKogTkLb%2F2vQtG9omfdo37vXY6%2Bc594I%3D&reserved=0

03/21/2019

Supreme Court to Examine Insanity Defense, Need for Jury Unanimity

The Supreme Court has agreed to hear four cases that could have far-reaching repercussions for criminal cases, including whether unanimous juries are required for convictions and whether using the insanity defense is a constitutional right. The justices also will review whether decisions that curtail the sentencing of juveniles should apply in the case of Beltway sniper Lee Boyd Malvo.

https://www.wsj.com/articles/supreme-court-to-examine-insanity-defense-need-for-jury-unanimity-11552950573?mod=wsj_article

The Supreme Court said Monday it would consider whether two pillars of criminal law—the insanity defense and the rule that only unanimous juries may convict—are required by the Constitution.

03/19/2019

PACDL (@PACDLawyers) | Twitter

Good morning Lawyers! Just a reminder that we are also on Twitter.

You can follow us here: https://twitter.com/PACDLawyers

The latest Tweets from PACDL (@PACDLawyers): "“Though the textalyzer has been cast as a ‘breathalyzer for texting,’ the ACLU say it’s invasive and would violate Fourth Amendment protections against unreasonable search and seizure." https://t.co/TPIPUT069d"

03/15/2019

Please join us in welcoming our newest member: Edward J. Rideout Law Offices of Blue Bell, PA.

03/15/2019

JD Law, P.C.

JD Law, P.C.

Very good article from fellow PACDL - Pennsylvania Association of Criminal Defense Lawyers board member Ellen Brotman that discusses the lawyer disciplinary process while reviewing the case of former Centre County District Attorney Stacy Parks Miller.

03/14/2019

Our 2019-2020 Slate of Officers has been announced by the Board Governance Committee. The slate can be found below

2019-20 Slate of Officers. The Board Governance Committee has announced the slate of officers as listed below.
President: Bradley A. Winnick, Dauphin County Public Defender's Office
President-Elect: Peter E. Kratsa, MacElree Harvey, Ltd, West Chester
Vice President, Western District: Laurel Gift, Schnader Harrison Segal & Lewis, Pittsburgh
Vice President, Eastern District: Brian J. McMonagle, McMonagle, Perri, McHugh Mischak & Davis, Philadelphia
Vice President, Middle District: Patrick A. Casey, Myers, Brier & Kelly, Scranton
Treasurer: Wana Saadzoi, The Law Offices of Wana Saadzoi, Media
Secretary: Jason S. Dunkle, JD Law, State College
Board Member: Keisha Hudson, Montgomery County Public Defender Office, Norristown
Board Member: Michael Winters, McMahon Winters Strasko LLC, Lancaster

If you want to self-nominate or nominate another member qualified to hold office, you have until March 25 to submit a nomination petition signed by at least twenty (20) members in good standing. A copy of a petition may be obtained by calling PACDL at 717.234.7403. Nomination petitions must be submitted to [email protected] or to PACDL, 115 State Street, Harrisburg, PA 17101.

03/14/2019

In an amicus brief filed Monday (Co-authored by Ellen C. Brotman and Henry M. Sias), PACDL argued the application of Rule 1925(b)(4) to criminal appeals should be suspended forthwith, and the rule should be referred to the Appellate Procedural Rules Committee.

03/12/2019

TRIAL COURT FAILS TO PROVIDE FACTS & LEGAL BASES FOR SUPPRESSING PLAIN-FEEL SEIZURE OF DRUGS: CASE REMANDED FOR NEW HEARING - McMahon Winters Strasko, LLC

The Pa. Superior Court recently remanded the case of Commonwealth v. Sharaif, No. 4019 EDA 2017 (March 8, 2019) to the trial (suppression) court for a new suppression hearing after the suppression court failed to comply with the applicable rules and specifically state what facts and legal bases it used to determine that suppression was warranted.

https://mcmahonwinters.com/trial-court-fails-to-provide-facts-legal-bases-for-suppressing-plain-feel-seizure-of-drugs-case-remanded-for-new-hearing/

The Pa. Superior Court recently remanded the case of Commonwealth v. Sharaif, No. 4019 EDA 2017 (March 8, 2019) to the trial (suppression) court for a new suppression hearing after the suppression court failed to comply with the applicable rules and specifically state what facts and legal bases it u...

03/07/2019

The Criminal Procedural Rules Committee is considering proposing amendment of Rules 403, 407, 408, 409, 411, 412, 413, 414, 422, 423, 424, 454, 456, and 470. If you would like to be involved with the PACDL Rules Committee, contact PACDL at [email protected] for more information.

03/06/2019

Please join us in welcoming our new members: Ben Datika, Lee Awbrey, Elizabeth Wood, and Lisle Tyler Weaver. WELCOME to PACDL!

03/06/2019

Bill Information - Senate Bill 14; Regular Session 2019-2020

Sen. Anthony Williams (D) and Sen. Camera Bartolotta (R) have introduced a bipartisan bill for comprehensive probation reform. The purpose of this legislation is to reduce the amount of time and resources devoted to probationers by minimizing punishments for technical violations of probation and creating guidelines for consistent terms and fewer punitive conditions for fair probation terms.

01/24/2019

Join us in welcoming our new members: Todd Reiner Mays, Alexandra’ Kitei, Eric J. Weisbrod, John C. Dodds, Kyle Jacobsen, John N. Joseph, Catherine L. Covalt, Michael A. Morse, Veronica I. Brestensky, Cristi A. Charpentier, Adam Zucker, Sandra I. Thompson, Rian D. Thompson, Macy T. Laster, Marc David Daffner, David B. Ross & Grant Peterson Bloomdahl. WELCOME to PACDL!

10/29/2018

Join us in welcoming our new members: Brian O. Williams, Stephanie R. Esrig, John R. Walker, Jacob T. Thielen, William J. Reilly, Jeffrey Kolansky, Allison L. Borgatti, Charles E Dutko, Jr. Anne L. Saunders & Jordan Freeman. WELCOME to PACDL!

02/09/2018

Supreme Court Justices Weigh Hazing Law in Drum Major’s Death | Daily Business Review

Supreme Court Weighs Hazing Law in Drum Major's Death
https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2018/02/08/supreme-court-justices-weigh-hazing-law-in-drum-majors-death/

Lawyers representing a man convicted in the death of Robert Champion a member of Florida A&M University’s renowned “Marching 100” band tried to convince the Florida Supreme Court that a hazing ritual that resulted in Champion’s death was a “competition” authorized by state law.

02/06/2018

Advocates: Allegheny County Jail strip searches impede therapy with inmates

Allegheny County Jail strip searches impede therapy with inmates:
http://www.post-gazette.com/local/region/2018/02/05/Allegheny-County-Jail-strip-searches-contraband-impede-therapy-with-inmates-sexual-assault/stories/201802050086

Therapists who work with women in the Allegheny County Jail say a new strip-search policy threatens to derail their work and retraumatize inmates. Jail ...