For the Defense - Vol. 5, Issue 1 - 17

has not been brought to trial within 365 days,
the Commonwealth bears the burden of proving
* they
A detailed
definition of acted
drug trafficking
was
that
have nonetheless
with diligence.
66
added
to
provisions
governing
boot
camp.
This means that after the defense has made such
Commonwealth v. Small, filed August 2, 2019;
To be
eligible
for state
related to
a *prima
facie
showing,
it is funding
the Commonwealth
joint Amicus with the ACLU.
restrictive
ofput
probation,
counties must
who should
be conditions
required to
on its evidence
Authors:
Michele
D. Hangley
and
Matthew A.
now
receive
certification
by
the
Pennsylvania
and the defense should only argue
after the
67
Hamermesh,
of
Hangley
Aronchick
Segal Pudlin &
Commission on Sentencing.
Commonwealth has done so. Essentially, a Rule 600
Mary Catherine
Roper,on
ofSentencing
the ACLU.
*Schiller;
Theshould
Pennsylvania
Commission
hearing
proceed
in form almost
identically
Issue:
Argues
that
the
PCRA's
time
limits
are
continues as an agency but its mandate
is now
to a suppression
hearing. If the judge asks you
notupdated
jurisdictional,
andamong
PCRAother
courts
may, the
when
to require,
things,
to argue
prioroftoadditional
the Commonwealth's
creation
guidelines;
toevidence,
establish
appropriate,
apply equitable
tolling
to those time
makeaitresearch
clear that
could not program;
possibly argue
andyou
development
and to
limits.
on behalf
of your
client
until you
know
what the
monitor
county
compliance
with
guidelines,
risk
68
assessments, reentry,
RRRI,
and more.is.
Commonwealth's
evidence
of diligence
Commonwealth v. Sierra, filed August 29, 2019;
*
Because
state
andthe
county
intermediate
joint
Amicus
with
ACLU.
* If the
Commonwealth
appears
at the Rule 600
punishment are no longer a sentencing option, the
Authors:
Michele
D. Hangley
and Matthew
hearing
and
does
not
present
any
that A.or
sections of the Code pertainingevidence
to modification
Hamermesh,
of
Hangley
Aronchick
Segal
it acted
with diligence-for
instance,
they
didPudlin
not &
revocation
of those sentences
were
removed.
Schiller;
Catherine
Taylor
and
bring
in theMary
officer
to testifyRoper,
to theNyssa
attempts
made
* Upon
a person's exit from county correctional
Andrew
Christy
of
the
ACLU.
to find
and apprehend
themust
defendant-argue
thatof
facilities,
the facilities
now provide a copy
Issue:
This
Amicus
was
submitted
inthe
support
they
have
notrecords
met
their
burden
because
burden
the exit
to the
Department
of
Corrections,
a Petition
Allowance
of
Appeal.
The
issue69
in
addition
tothe
the
Board of
and
Parole.
of of
proof
includesfor
burden
ofProbation
production
and
presented
whether,
of the PCRA's time
arguments
ofiscounsel
are regardless
not evidence.
The
changes
contained
within
Act 115 are
limits,
a PCRA
Court has
jurisdiction
tomany,
consider a
and while this summary hits the highlights, it is not
claim that a sentence is patently illegal because it
all-encompassing. Practitioners are well-advised to
exceeds the statutory
independently
consult themaximum
language sentence.
of the statute.

About the Author

About
the Author
Ernst
is an
Relief in the Form of Katherine
a Preliminary
Injunction

appellate
attorney
with the
Lee
Awbrey
Chief
(the "Application"). On
October
30, is
2019,
of Appeals
for the granted
Montgomery
Public
Commonwealth Court
Judge
Ellen County
Ceisler
Montgomery
County
Office
Defender's
She
the Application and enjoined
theOffice.
Acting
Secretary
of
the
Public
Defender.
of the Commonwealth
"fromappeals
tabulating
and
handles
from
all A
graduate
of
U.C.
Berkeley
certifying the votes inunits,
the November
General
juvenile to2019
homicide,
School
of
Law
and
former
Election relating to the
question
asking
andballot
she also
formulates
staff attorney
with the U.S.
voters whether the Pennsylvania
Constitution
legal
strategy
for pre-trial
Court
of Appeals
for the
should
be
amended
to
include
a
new
sectionCum
and trial units. Katherine
graduated
Magna
Third Circuit, she escaped
providing
for victims'
rights
until
final
disposition
Laude
School,
Orleans
a stintfrom
withLoyola
BigLawLaw
to work
in New
the public
interest.
of 2007
the Petition
including
appeals." The
in
wasfor
onReview,
law review.
Shedefense
practiced
Before and
joining
Montco's
indigent
team,
Acting
Secretary
of
the
Commonwealth
appealed
was an attorney
Greenpeace,
the
U.S.
atshe
Kaufman,
Coren & with
Ress in
Philadelphia
out
that
Order to of
theLabor,
Supreme
Court.
Department
and
the
Public
Interest
of law school, and thereafter did work in the
OnCenter.
November
4,former
2019, inchairperson
a Per Curiam
Law
She
is
of Order,
the
intersection
of
horseracing
law and §1983
for a
the
Supreme Court
affirmed the
order of the
Philadelphia
Bar Association's
Committee
on
number
of years Court.
beforeChief
following
her
passion
Commonwealth
Justice
Saylor
issued
the Legal Rights of Persons with Disabilities.
All
for
indigent
criminal
defense.
aopinions
dissenting
statement
and
snark arethat
her was
own.joined by Justices
Dougherty and Mundy. Although Justice Saylor
indicated
that hethis
is "certainly
given pause by
Share
article
PANTONE

2955C

7406C

90/78/39/30

Commonwealth
v. above,
McCloud,
filed
October
Using the strategy
people
both
in and1,
2019; joint
Amicus
with
the
ACLU and success
the Public
outside
my office
have
had
tremendous
with
NOTES:
Defender
Association.
Rule 600 motions. Oftentimes, just making it plain
Authors: Mary Catherine Roper and Andrew
1to the Commonwealth that you intend to seriously
See 2019 Pa. Legis. Serv. Act 2019-115 (S.B. 501) (Purdon's).
Christy
of the
ACLU.
The
accompanying
Act
114
amends
the Pennsylvania
litigate
this
issue
can
get
you results.
It is only one
Commission
on Crime
andwas
Delinquency
Law, sections
6.1, 6.2,
Issue:
This
Amicus
also
submitted
inmeans
support
weapon
in
your
arsenal,
but
because
a win
9.1,
10.1,
and 10.2
to Allowance
establish a County
Adult Probation
and
of
a
Petition
for
of
Appeal.
The
issue
discharge,
it isCommittee,
a potent establish
weaponthe
that
should as
never
Parole
Advisory
committee
the
involves
the propriety
of imposing
costs on
county
probation
officers' firearm
educationcourt
and training
be
overlooked.
individuals
without
fully
assessing
their
ability
to
commission under 61 Pa.C.S.A. Ch. 63, and address phase two
ofpay.
Justice
Reinvestment
grants,
grant
appropriations,
and
The Amici ask the Court to review the case
NOTES:
continue
funding for intermediate sentencing, respectively.
to
resolve
inconsistent
case lawPolicy
on(Pa.
this
issue and
2 1 Commonwealth
v. in
Mills,
162 A.3d 323
2017).
Justice Reinvestment
Pennsylvania:
Framework,
2
provide
guidance
and
to the
trial courts.
U.S.Center,
ConSt
.A
mend
. VI;
PA.
CONST.
art.
1, § 9.
Justice
The
Council
ofclarity
State Governments
PANTONE

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3
(June
2017); available
https://csgjusticecenter.org/
Commonwealth
v. at
DeBlase,
665 A.2d 427, 431 (Pa. 1995).
4
jr/pennsylvania/publications/justice-reinvestment-inBarker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
pennsylvania-policy-framework/.
constitutional test); Commonwealth v. Preston, 904 A.2d
3 Special report
42 1,
Pa.C.S.A
9718 (e).
10 (Pa.§Super.
Ct. 2006) (the Barker test is an entirely
4
42 separate
Pa.C.S.A.analysis
§ 9721 from
(a.1)(2)
("A
person
may be eligible
Rule
600
and therefore
needs tofor
be
the raised
State drug
treatment program or State motivational boot
separately).
League
of Women Voters of Pennsylvania v.
5
camp
.... , evenRule
if a600(2)(a);
mandatory
sentence would
Pa.R.Crim.P.
see minimum
also Commonwealth
Boockvar:
___A.3d___,
2019
WL 5690318
otherwise
be provided
law.").
v. Kearse,
890
A.2d by
388,
395
(Pa. Super.
Ct. 2005) (Pa.
(no Nov.
5
See
Alleyne v.need
United
States,
455
A.2d Rule
887
(D.D.C.
1983);
4,
2019)(per
curiam);
Amicus
filed
November
1,
"prejudice"
be shown
to
obtain
600
dismissal).
Commonwealth
v. Hopkins,
98 MAP
2013time
(M.D.period,
Pa. 2015).
While Rule 600
has a more
definitive
the sole
2019.
6
42 focus
Pa.C.S.A.
§ 9718
of Rule
600(c).
is on the action of the Commonwealth.
The
League
Women
Voters and Lorraine
7
SeeThus,
42 Pa.C.S.A.
§ of
9718
(c).
a constitutional
argument should be forwarded
8 Haw (the "Petitioners") filed a Petition for
Commonwealth
v.
Neiman,
84
A.3d 603,
611-12
(Pa. 2013)
when a delay prejudices a defendant
and
that delay
was
quoting
Pennsylvanians
Against
Gambling
Expansion
Fund
primarily
by the courts.
Review
in caused
the Commonwealth
Court challenging
Inc.6 Pa.R.Crim.P.
v. Com., 877Rule
A.2d600(D)(1).
383 (Pa. 2005); see generally Pa. Const.
the proposed
Victims' Rights Amendment (also

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known as "Marsy's Law") to the Pennsylvania
Click here
and/or
print the
Constitution
andto
theview
related
ballot question.
The
full
notes
section
for
this
article.
Petitioners also filed an Application for Special
Vol. 5, Issue 1 l For The Defense

17


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