News/Blog
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Commonwealth Court of Pennsylvania Holds Police Must Have Reasonable Suspicion of Intoxication In Order for Implied Consent Violation to Carry Suspension
The Commonwealth Court of Pennsylvania recently affirmed a Common Pleas decision in favor of a suspected drunk driver, on appeal by the Department of Transportation, Bureau of Driver Licensing. Police were called…
August 27, 2009 -
Superior Court of Pennsylvania Rules the State Carries the Burden of Proof in Expungement Hearings
An expungement proceeding is held when a subject of a prior criminal proceeding seeks to have the earlier records sealed or destroyed. An expungement differs from a pardon, in that a conviction…
August 25, 2009 -
Third Circuit Court of Appeals Holds Use of an Adult Intermediary for Purposes of Child Pornography Constitutes Attempt under United States Statute
A recent Third Circuit decision set a precedent that using an adult intermediary, to plan sexual encounters with a minor, constitutes attempted enticement of a minor and violates 18 U.S.C. §2422(b). The…
August 24, 2009 -
Third Circuit Court of Appeals Upholds Special Conditions of Supervised Release in Child Pornography Case
In a recent appellate decision, the United States Court of Appeals for the Third Circuit upheld the sentence of Paul R. Thielemann, imposing a term of imprisonment followed by a ten-year term…
August 18, 2009 -
Supreme Court of Pennsylvania Affirms No Right to Counsel for DUI Chemical Testing
http://www.nefflawoffices.com/attorney-profile.phpThe right of a criminal defendant to have the assistance of counsel in his defense is granted in the Bill of Rights, via the Sixth Amendment of the United States Constitution. The…
August 12, 2009 -
Strip Search of Child by School Officials Found Excessively Intrusive by Supreme Court
In October of 2003, Savana Redding, a then 13-year old student at a rural Arizona middle school, was intrusively searched by school officials who suspected she was in possession of ibuprofen. Savana…
July 7, 2009 -
Supreme Court Holds Defendant has the Right to Cross-Examine Forensic Analysts in Criminal Trials
The Supreme Court of the United States held last week by a 5-4 majority, that a criminal defendant has the right to cross-examine forensic analysts under the Sixth Amendment’s Confrontation Clause. The…
June 30, 2009 -
Supreme Court of Pennsylvania Rules Accessing and Viewing Child Pornography over the Internet Constitutes Control under Sexual Abuse of Children Statute
Pennsylvania’s statute on Sexual Abuse of Children contains a provision which states: “it is illegal for an individual to knowingly possess or control any book, magazine, pamphlet, slide, photograph, film, videotape, computer…
June 1, 2009 -
Minnesota Legislature Interprets Federal Law to Allow States to Block Internet Gambling Sites, Raising First Amendment Concerns
A recent order by the Minnesota Department of Public Safety, which would block access of residents to a list of gambling websites, has come under criticism for infringing upon First Amendment rights.…
May 20, 2009 -
U.S. Supreme Court Rules Search of a Vehicle Following an Arrest Must be Reasonably Necessary and Related to the Offense
The Supreme Court of the United States recently overruled a long established precedent, found in New York v. Belton, which allowed police to search the passenger compartment of a vehicle and any…
May 13, 2009