For the Defense - Vol. 5, Issue 1 - 31

the Commonwealth
the burden
ofof
proving
causes anotherbears
substantial
period
delay, file
primarily caused by the courts.
6
that they
have
nonetheless
acted
with
a new
Rule
600 motion
based
ondiligence.
this additional
Pa.R.Crim.P. Rule 600(D)(1).
This guide
means
that
after
the
defense
has trial
made
timeto
and
litigate
it prior
any
tosuch
preserve an
Katherine Ernst is an
help
navigate
the to
numerous
procedures
L E A D E R S , I N F Click
L U E Nhere
C E R to
S Aview
N D S T R AT Eprint
G I S Tthe
S
a prima
facie
showing,
it
is
the
Commonwealth
objection
to
the
additional
time
period.
and requirements and suggests alternative
appellateand/or
attorney with the
T OasS E R V E O N full
PA Cnotes
DL CO
M M I T Tfor
EES
whoresolutions
should be required
to put
on itsto
evidence
section
this
article.
to allow your
clients
maintain
Montgomery
County
Public
*
At
the
Rule
600
hearing,
after
the
defense
has
and many
the defense
should
only argue
after
rights and
liberties
as they
can.the
Defender's
Office.
She
made a prima
facie showing
that the
defendant
Commonwealth
has done
so. Essentially,
a Rule
600
handles appeals from all
has
not
been
brought
to
trial
within
365
days,
NOTES:
hearing should proceed in form almost identically
units, juvenile to homicide,
the Commonwealth
the burden
of proving
to a 1suppression
hearing. Ifbears
the judge
asks you
Apply
by
sending
a formulates
short email
U.S.
CONST.
amend
II;
PA.
CONST.,
art.
I,
§
21.
and
she also
that
theytohave
nonetheless actedevidence,
with diligence.
to argue
prior
the12,
Commonwealth's
2
Act
of
October
2018,
P.L.
510,
No.
79,
https://
John E. for
Bender
is an
to pacdl@pacdl.org
indicating
legal strategy
pre-trial
This
means
after the
made such
Katherine
Ernst
is an
make
it
clear
that that
you could
notdefense
possiblyhas
argue
www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.
Assistant
Public
Defender
your
committee
of
interest.
a
prima
facie
showing,
it
is
the
Commonwealth
and
trial
units.
Katherine
graduated
Magna
Cum
appellate attorney with the
on behalf
of your client until you know what the
cfm?txtType=HTM&yr=2018&sessInd=0&smthLwInd
for Lancastercan
County
and
who shouldevidence
be required
to put onis.its evidence
A list
ofSchool,
committees
be Public
Laude from Loyola
Law
New Orleans
=0&act=79.
Montgomery
County
Commonwealth's
of diligence
received
his
J.D.
in
2014
3 and the defense should only argue after the
in 2007 and wasfound
on lawon
review.
She practiced
S. G. SMITH ET AL., NATIONAL CENTER FOR INJURY
PACDL's
website.
Defender's
Office.
She
from Widener
School
* If the
Commonwealth
appears
theEssentially,
RuleFOR
600DISEASE
Commonwealth
has doneatCENTERS
so.
a Rule 600 at Kaufman, Coren & Ress in Philadelphia out
PREVENTION
AND CONTROL,
handles
appeals
from all
of Law in
Delaware.
hearing
and does
not
present any
evidence
that
CONTROL
AND
PREVENTION,
NATIONAL
INTIMATE
hearing
should
proceed
inTHE
form
almost
identically
of law school, and thereafter
did juvenile
workhe
in worked
the
Previously
in
units,
to
homicide,
PARTNER
AND SEXUAL
VIOLENCE
(NISVS):
it acted
diligence-for
instance,
they
did
notyou
towith
a suppression
hearing.
If theSURVEY
judge
asks
intersection
of
horseracing
law
and
§1983
for
a
2
the she
Bradford
County Public
and
also formulates
DATA
BRIEFto- UPDATED
RELEASE
(2018).
bring4 015
in
officer
to the
attempts
made
tothe
argue
prior totestify
the Commonwealth's
evidence,
Defender's
Office
and for a
number of years before following
her
passion
18 U.S.C. § 921(a)(33)(A)(ii).
legal strategy for pre-trial
to find
and apprehend the defendant-argue that
5 make it clear that you could not possibly argue
civil
practice
in
West
Chester.
Id.
for indigent
criminal
defense. graduated Magna Cum
and trial
units. Katherine
they618
have
not§met
because
the burden
on
behalf
of their
your burden
client until
you know
what the
U.S.C.
921(a)(20)(B).
Laude from Loyola Law School, New Orleans
7 Commonwealth's
of proof
of production
and
evidence
of diligence
is.
Id. includes the burden
8
in
2007 andthis
was on
law review. She practiced
Share
article
arguments
of counsel are not evidence.
Id.
*9 18
If Pa.C.S.
the Commonwealth
appears at the Rule 600
§ 6105(b).
at Kaufman, Coren & Ress in Philadelphia out
hearing and does not present any evidence that
of lawVol.
school,
and
did work 9in the
4, Issue
4 thereafter
l For The Defense
it acted with diligence-for instance, they did not
intersection of horseracing law and §1983 for a
bring in the officer to testify to the attempts made
number of years before following her passion
to find and apprehend the defendant-argue that
for indigent criminal defense.
they have not met their burden because the burden
of proof includes the burden of production and
Share this article
arguments of counsel are not evidence.

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Vol. 4, Issue 4

For The Defense

9

PACDL's Lawyers Assistance Strike Force
offers consultation to attorneys who are
threatened for providing legal representation
to a client in a criminal proceeding. At no
cost, you may consult with an experienced
attorney to discuss a contempt citation, a
motion to disqualify, or a subpoena to
provide information. Your request for
assistance receives top priority from
experienced Pennsylvania attorneys who will
review your case. Contact www.pacdl.org. or
call 717.234.7403.
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For The Defense

Vol. 5, Issue 1 l For The Defense

57

31


https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020/src/docs/Act_79.Bender.EndnotesFinal1.29.2020.pdf https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2018&sessInd=0&smthLwInd =0&act=79 https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2018&sessInd=0&smthLwInd =0&act=79 https://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=2018&sessInd=0&smthLwInd =0&act=79 http://www.pacdl.org

For the Defense - Vol. 5, Issue 1

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 1

Contents
For the Defense - Vol. 5, Issue 1 - 1
For the Defense - Vol. 5, Issue 1 - 2
For the Defense - Vol. 5, Issue 1 - Contents
For the Defense - Vol. 5, Issue 1 - 4
For the Defense - Vol. 5, Issue 1 - 5
For the Defense - Vol. 5, Issue 1 - 6
For the Defense - Vol. 5, Issue 1 - 7
For the Defense - Vol. 5, Issue 1 - 8
For the Defense - Vol. 5, Issue 1 - 9
For the Defense - Vol. 5, Issue 1 - 10
For the Defense - Vol. 5, Issue 1 - 11
For the Defense - Vol. 5, Issue 1 - 12
For the Defense - Vol. 5, Issue 1 - 13
For the Defense - Vol. 5, Issue 1 - 14
For the Defense - Vol. 5, Issue 1 - 15
For the Defense - Vol. 5, Issue 1 - 16
For the Defense - Vol. 5, Issue 1 - 17
For the Defense - Vol. 5, Issue 1 - 18
For the Defense - Vol. 5, Issue 1 - 19
For the Defense - Vol. 5, Issue 1 - 20
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For the Defense - Vol. 5, Issue 1 - 24
For the Defense - Vol. 5, Issue 1 - 25
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For the Defense - Vol. 5, Issue 1 - 28
For the Defense - Vol. 5, Issue 1 - 29
For the Defense - Vol. 5, Issue 1 - 30
For the Defense - Vol. 5, Issue 1 - 31
For the Defense - Vol. 5, Issue 1 - 32
For the Defense - Vol. 5, Issue 1 - 33
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For the Defense - Vol. 5, Issue 1 - 37
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For the Defense - Vol. 5, Issue 1 - 42
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For the Defense - Vol. 5, Issue 1 - 44
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
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