News/Blog
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Third Circuit Follows Olhovsky Decision with another Pro-Defense Opinion in Tomko – Ruling a Lenient Sentence Is Not Unreasonable
One day following the Third Circuit’s precedential opinion in U.S. v. Olhovsky, the Court issued an en banc decision in the case of U.S. v. Tomko, again holding that a lenient, below-guidelines…
May 11, 2009 -
Third Circuit Holds Government Contracted Psychologist May Be Subpoenaed To Testify Favorably For Defendant at Sentencing
The Third Circuit Court of Appeals recently decided the case of United States v. Olhovsky, ruling that the sentence imposed by the District Court upon the Defendant was unreasonable. Nicolau Olhovsky was…
May 5, 2009 -
United States Supreme Court to Decide Whether Videos of Dog Figting, Other Forms of Animal Cruelty, Are Protected by the First Amendment’s Right of Free Speech
In Philadelphia last year, a Federal Appeals Court declared a rarely used law prohibiting the sale or possession of photos or videos of animals being maimed, mutilated, tortured, wounded, or killed, unconstitutional…
April 27, 2009 -
New Jersey Supreme Court Will No-Longer Require Exigent Circumstances for Police to Obtain a Telephonic Search Warrant, Defining Exigent Circumstances in the Process
The New Jersey Supreme Court by a 4-3 majority extinguished the requirement of exigent circumstances for police officers to obtain a search warrant via telephone or other electronic means. These telephonic warrants…
March 10, 2009 -
Federal Law Prohibiting Those Convicted of Misdemeanor Domestic Violence from Possessing Firearms is Strengthened by Recent Supreme Court Ruling
The United States Supreme Court, last week, reinstated a West Virginia man’s conviction for a violation of Federal Law, which prohibits those convicted of a domestic violence offense from possessing firearms. The…
March 2, 2009 -
Underage “Sexting” Now Punishable as a Sex Crime in a Growing Number of Jurisdictions
As cellular telephone technology advances at an extremely rapid pace, more and more teenagers are possessing phones with the capabilities to snap still photos or record short videos. Coupled with the fact…
February 19, 2009 -
Supreme Court of the United States Elects Not to Hear Arguments on the Constitutionality of the Child Online Protection Act
The Child Online Protection Act (“COPA”) was passed in 1998 in an attempt to regulate inappropriate web-based content which was too easily accessible by children. COPA was never allowed to take effect,…
February 5, 2009 -
Governor Rendell Calls for Legislation to Eliminate the Possibility of Parole for Repeat Offenders of Violent Crimes in Pennsylvania
Pennsylvania sentencing guidelines provide a range of years for which a convicted felon is to serve in prison. For example, sentencing guidelines would require a range of five-to-ten years for a certain…
January 22, 2009 -
White-Collar Fraud Expected to Increase as Recessionary Economy Continues
An economic recession necessitates many changes in the home, in the marketplace, and in Government. For corporate executives, however, the profitability targets of their respective corporations do not change. According to a…
January 16, 2009 -
UNLIKE ROUTINE BORDER INSPECTION, REASONABLE SUSPICION REQUIRED TO SEARCH A PASSENGER’S CABIN ABOARD CRUISE SHIP
The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures by the government. Depending on the circumstances of the search and seizure, the government must show they…
December 2, 2008