by Marc Neff
United States Supreme Court Denies Motions of Obese Ohio Man Sentenced to Death
The Eighth Amendment to the United States Constitution prohibits the Federal Government, and as such State Governments, via the Fourteenth Amendment, from imposing excessive bail, excessive fines, and cruel and unusual punishments for people charged and/or convicted of criminal offenses. For years, arguments whether the death penalty constitutes excessive or cruel and unusual punishment have...
by Marc Neff
New Jersey Man Sentenced to Six-Years in Federal Prison for Role in Heroin Ring
A Pennsauken, New Jersey resident was sentenced earlier this week for his role in a Philadelphia area heroin ring in 2005 and 2006. The heroin sold by Castellar and his associates was laced with a powerful painkiller, fentanyl, which caused over 100 deaths in the Philadelphia region due to overdose. The operation was run out of a rented house in Pennsauken. Castellar admitted to selling the...
by Marc Neff
Pennsylvania Superior Court Upholds Mandatory Minimum Sentence for Man Convicted on Multiple Counts of Drug Trafficking
A man convicted, after pleading guilty to six-counts of possessing a controlled substance with intent to deliver (“PWID”) and criminal conspiracy, appealed his sentence to the Pennsylvania Superior Court on the basis he was not advised that his convictions were subject to Pennsylvania mandatory minimum statutes. The appellant, Michael Rush, was sentenced to concurrent terms of seven to...
by Marc Neff
New Jersey Supreme Court to Decide whether Search Warrants are Necessary in Traffic Stops
New Jersey’s standard for conducting a police search following a traffic stop has long been stricter than the Federal standard. In New Jersey, state law not only requires police to show probable cause to conduct a search, but also that there is a safety risk to them or the public; otherwise, police are required to obtain a search warrant prior to conducting a search of the stopped vehicle....
by Marc Neff
Pennsylvania Superior Court Holds that Acceptance into ARD Program Constitutes a Conviction for Sentencing Purposes on Subsequent Offenses
The Pennsylvania Superior Court recently upheld a conviction for a second Driving under the Influence offense, appealed by a minor who argued that his acceptance into an Accelerated Rehabilitative Disposition (ARD) program did not constitute a prior conviction. William Joseph Love, a minor, was charged with DUI, DUI as a minor, and careless driving in February of 2006. In June of 2006, the...
by Marc Neff
Pennsylvania Mayors Pledge to Enact Strict Gun Laws
Philadelphia Mayor Michael Nutter enacted controversial gun laws in the city, earlier this year, three of which were upheld as constitutional by Common Pleas Court Judge Jane Cutler-Greenspan. The laws, which are stricter than Pennsylvania State gun laws, require gun owners to report lost or stolen guns within 24-hours of discovering their disappearance, impose criminal penalties for failing...
by Marc Neff
U.S. Court of Appeals takes Broad View in NY RICO Case, Reinstates Convictions of Two Defendants
Louis J. Eppolito and Stephen Caracappa are former New York City Police Detectives who in 2006, were both convicted on Federal Racketeering charges. The former detectives were convicted of working closely with some of New York’s organized crime families, partaking in conspiracy, kidnapping, bribery, obstruction of justice, leaking police information, and the killing or assisted killings of at...
by Marc Neff
New Jersey Governor Amends State’s Comprehensive Drug Reform Act to Allow Discretion for Suspension of Driving Privileges
New Jersey’s Comprehensive Drug Reform Act of 1987 stated in part that based on criminal history, the extent of the offense, and other criteria, a person could be sentenced to a term of probation if found guilty or if he/she plead guilty to a drug offense. Under the original legislation, such a sentence would have required the judge to suspend the defendant’s driving privileges for a period...
by Marc Neff
Pennsylvania Superior Court Upholds Conviction where Evidence of Trafficking Outweighs Expert Testimony of Personal Use
Philadelphia police officers arrested a man suspected of trafficking drugs, after observing him twice engage in hand-to-hand transactions with individuals who approached the suspect. The suspected dealer, Lawrence Lee, was observed accepting money from individuals, walking across the street to a vacant lot, and then returning with small objects in his hand which he would give to the buyer....
by Marc Neff