For the Defense - Vol. 5, Issue 2 - 51

U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
* If a continuance is required due to the
3
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
Commonwealth's failure of diligence, be sure to
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
put that on the record at the time the continuance
constitutional test); Commonwealth v. Preston, 904 A.2d
rightsiswe
enjoy inEven
this country
anddoes
in this
Home1,Faces
Fine (the
OverBarker
Lapses
10 (Pa.$611,000
Super. Ct. 2006)
testDuring
is an entirely
requested.
if
the
judge
not
rule
in
Discuss this waiver with your client with the same
Using the
strategy
above,
people
both
in and needs to be
separate
analysis
from
Rule
600
and
therefore
Commonwealth.
As
this
increased
investigatory
Fatal
Coronavirus
Outbreak,
THE
WASHINGTON
youryou
favor,
you have
atthe
least
preserved
the issue for
seriousness
would
discuss
waiver
of any
outside myraised
office
have had tremendous success with
separately).
activity
develops over
time, remember that as
POST,5 https://www.washingtonpost.com/
appeal.
30
Pa.R.Crim.P.
Rule 600(2)(a);
seemaking
also Commonwealth
constitutional
right.
Rule
600
motions.
Oftentimes,
just
it plain
PACDL members we stand... For the Defense.
investigations/wash-nursing-home-faces-611000v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
Commonwealth that you intend to seriously
* All
motionsearly
to dismiss
Rule
600 mustto
bethe
fine-over-lapses-during-fatal-coronavirus"prejudice" need be shown to obtain Rule 600 dismissal).
Request
discovery
and inpursuant
writing. to
That
way,
31
litigate
this
issue
can600
get
results.
It is only
one the sole
client's
motion after the outbreak/2020/04/02/757cee76-7498-11ea-87damade in writing.
While
Rule
hasyou
a more
definitive
time period,
if NOTES:
the Commonwealth
failsFile
to your
provide
requested
weapon infocus
yourofarsenal,
win
Rule 600 but
is onbecause
the actiona of
themeans
Commonwealth.
365-day
period has
elapsed. Ifwill
thebe
trial
discovery,
any required
continuance
onjudge rules 77a8136c1a6d_story.html.
1
Thus,
a
constitutional
argument
should
be
forwarded
17
discharge,
it
is
a
potent
weapon
that
should
never
Department
of
Justice,
U.S.
Attorney's
Office
-
against you
and have
subsequently
the Commonwealth
Id.
the
prosecution.
Ifofyou
to follow-up
with Scott
the
when a delay prejudices a defendant and that delay was
Western
District
Pennsylvania,
U.S.
Attorney
causes another
period
offailed
delay,to
file be overlooked.
primarily caused by the courts.
Commonwealth
about substantial
discovery
have
Brady and Pennsylvania
Attorneythey
General
Josh Shapiro
6
a
new
Rule
600
motion
based
on
this
additional
Pa.R.Crim.P.
Rule 600(D)(1).
hand
over, be
sure to memorialize
suchPennsylvania
requests in
Announce
Formation
of Joint Western
NOTES:
time
and
litigate
it
prior
to
any
trial
to
preserve
an
COVID-19
TaskasForce,
https://www.justice.gov/usaoa writing
such
an email.
1
Commonwealth
Mills, 162
323 (Pa.
2017). print the
Clickv.here
toA.3d
view
and/or
objection to the additional time period.
wdpa/pr/us-attorney-scott-brady-and-pennsylvania2
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
If attorney-general-josh-shapiro-announce.
a continuance is required due to the
full notes section for this article.
3
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
2 * At the Rule 600 hearing, after the defense has
Commonwealth's
failure of diligence, be sure to
Id.
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
a New
prima
facie
showing
that
thetodefendant
3
Casey
Leins,
Jersey
Creates
Force
Catch
put
thatmade
on
the
record
at the
timeTask
the
continuance
constitutional test); Commonwealth v. Preston, 904 A.2d
has not
been
brought
trial
within
365
During
Coronavirus,
s. World
Report
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
is Criminals
requested.
Even
if the
judgetoU.
does
not
rule
in &days,
News, the
https://www.usnews.com/news/best-states/
Commonwealth
bears
the
burden
of
proving
separate analysis from Rule 600 and therefore needs to be
your favor, you have at least preserved the issue for
articles/2020-03-30/new-jersey-creates-task-force-toraised separately).
that
they
have
nonetheless
acted
with
diligence.
appeal.
5
Michael
J. Engle is a
Pa.R.Crim.P. Rule 600(2)(a); see also
Commonwealth
catch-criminals-taking-advantage-of-coronavirus.
This means that after the defense has made such
Katherine
Ernst
is an
4
Buchanan
v. Kearse, 890 A.2d 388, 395 (Pa. shareholder
Super.
Ct. 2005)in(no
Id.
All5 motions
to dismiss
pursuantitto
RuleCommonwealth
600 must be
a prima
facie showing,
is the
Ingersoll
& Rooney's
"prejudice" need be shown to obtain
Rule 600
dismissal). with the
appellate
attorney
Pennsylvania Price
Gouging Act, 73 P.S. § 232.1 et seq.
made
in writing.31 File your client's motion after the
Philadelphia
office
and Public
While Rule 600 has a more definitive
time
period,
the
sole
6
Id. who should be required to put on its evidence
Montgomery
County
as the chair of
focus of Rule 600 is on the actionhe
of serves
the Commonwealth.
365-day
period
has elapsed.
If the
trial
judge
rules
7
the defense
should
only
argue
after
the
Id. and
Defender's
Office.
She
firm's
White
Collar
Thus, a constitutional argument the
should
be forwarded
8
against
you
and subsequently
the
Commonwealth
Staff,
Attorney
General
Issues
Subpoena
to Amazon
Commonwealth
has
done
so.
Essentially,
a Rule 600when a delay prejudices a defendant
Defense,
Compliance
& all
and that
delay was
handles
appeals
from
Third-Party
Sellers
for proceed
Priceperiod
Gouging
During
COVID-19
causes
another
substantial
of delay,
file
hearing
should
in form
almost
identically primarily caused by the courts. Investigations practice
units, juvenile to homicide,
Pandemic,
Newsmotion
Journalbased
,hearing.
https://www.thenewsjournal.
6
a new
Rule
on Ifthis
group.
Pa.R.Crim.P. Rule 600(D)(1).
to a 600
suppression
theadditional
judge asks you
net/attorney-general-issues-subpoenas-to-amazonand she also formulates
time and
it prior
to any
trial to preserve
an
to litigate
argue prior
to the
Commonwealth's
evidence,
third-party-sellers-for-price-gouging-during-covid-19Mr.
Engle,
a the
Fellow
of
legal
strategy
for pre-trial
Click here to view and/or
print
objection
to the
additional
time
period.
make
it clear
that you
could
not possibly argue
pandemic/.
the and
American
College
of
Trial
Lawyers
and
the
trial
units. Katherine
graduated
Magna Cum
full
notes
section
for this
article.
9
on Change
behalf
of
your
client
until
youacceptable.'
know
American
Board
of Criminal
Lawyers,
is a past
Daniel
and
David
Smiley,
'Not
At the
Rule
600 hearing,
after
the
defense
has what the
Laude of
from
Loyola
School,
NewasOrleans
president
PACDL
andLaw
currently
serves
a
Florida Governor Orders evidence
Investigation
into $150is.
of diligence
made aCommonwealth's
prima facie showing that the
defendant
director
on the
oflaw
NACDL.
in 2007
andboard
was on
review. She practiced
COVID-19 Tests, Miami Herald, https://www.
has
not
brought to trial appears
within 365
days,
* Ifbeen
the Commonwealth
at the
Rule 600
miamiherald.com/news/coronavirus/article241522851.
at Kaufman, Coren & Ress in Philadelphia out
the
Commonwealth
bearsnot
thepresent
burdenany
of proving
hearing and does
evidence that
html.
of law school, and thereafter
did work
Ashley E. Shapiro
is ain the
10
that
they
have nonetheless
with
diligence.
Eric
Florida
AGacted
Investigating
Allegations
itLevenson,
acted
with
diligence-for
instance,
they did not
criminal law
defense
attorney
intersection
of
horseracing
and
§1983
for a
Norwegian
Cruise
Line
Misled
Customers
About
This
means
after
the
defense
has
such
bringthat
in the
officer
to testify
tomade
the
attempts
made
with more
than
a decade
Katherine
Ernst
is an
number of years before
followingdefending
her passion
Coronavirus,
CNN, https://www.cnn.com/2020/03/25/us/
of experience
a prima
it is thethe
Commonwealth
tofacie
findshowing,
and apprehend
defendant-argue that
appellate
attorney with the
norwegian-cruise-coronavirus-trnd/index.html.
for indigent criminal
defense.
clients
in state and federal
who
should
be required
totheir
put on
its evidence
they
have
not
met
burden
because the burden
11
Montgomery
County
Public
Hollie
Silverman
and
Rosa
Flores,
Florida
courts. She
focuses
her
and
theofdefense
should only
argue
after
the
proof
includes
theatburden
ofCare
production
Governor
Says Negligence
an Elder
Facility and
practice
on white
Defender's
Office.
She collar
Commonwealth
has
so.be
Essentially,
Rule 600
Sharehandles
this
article
arguments
ofdone
counsel
are
not evidence.
criminal
defense,
internal
with COVID-19
Cases
Could
Criminal,
Paittsburgh
appeals
from all
investigations, and
hearing
should
proceed in form almost identically
Post-Gazette
, https://www.post-gazette.com/news/
units,corporate
juvenile to
homicide,
compliance
tocrime-courts/2020/03/24/Florida-governor-saysa suppression hearing. If the judge asks you
Vol.
4, Issue
4 l For
The Defense
9
matters
in Pennsylvania,
and
she
also
formulates
tonegligence-Atria-Willow-Wood-elder-care-facility-withargue prior to the Commonwealth's evidence,
New
Jersey
and
New
York.
coronavirus-cases-criminal/stories/202003240058.
legal strategy for pre-trial
make
it clear that you could not possibly argue
12
Id.
and
trial
units.
Katherine
graduated in
Magna
Cum
Ashley has extensive experience
providing
on13behalf
of your
client until
youSidner,
know what
the
Madeline
Holcomber
and Sara
Washington
counsel
various
complex
fraud
including
Laude
frominLoyola
Law
School,
Newcases,
Orleans
Commonwealth's
evidence
of diligence
is.
State Nursing Home's
Response
to Coronavirus
Placed
healthcare,
bankruptcy,
and
financial
fraud,
in 2007 and was on law review. She practiced
Some Patients' Safety in 'Immediate Jeopardy,' Federal
as well as criminal tax violations. Ashley also
If Agency
the Commonwealth
appears at the Rule 600
at Kaufman,
Corenrepresenting
& Ress in Philadelphia
Finds, CNN, https://www.cnn.com/2020/03/25/
has experience
individuals out
in
hearing
and does not present any evidence that
us/washington-nursing-home-coronavirus-inspectionadministrative
such
as Title
Ix
of law
school, andproceedings,
thereafter did
work
in the
it report/index.html.
acted with diligence-for instance, they did not
investigation and the collegiate student conduct
intersection
of horseracing
lawBuchanan
and §1983Ingersoll
for a &
14
process. She
is Counsel with
Id.in the officer to testify to the attempts made
bring
number
of
years
before
following
her
passion
15
Rooney, P.C. in Philadelphia.
Id. and apprehend the defendant-argue that
to find
16
for indigent criminal defense.
Id.
they
have not met their burden because the burden
16
Maria
Sacchetti
Jon of
Swain,
Wash. Nursing
of proof
includes
theand
burden
production
and
Share this article
arguments of counsel are not evidence.
PANTONE

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22/58/92

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PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

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22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

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5, Issue
2 l For
Defense9
Vol.Vol.
4, Issue
4 l For
TheThe
Defense

https://www.washingtonpost.com/investigations/wash-nursing-home-faces-611000-fine-over-lapses-during-fatal-coronavirus-outbreak/2020/04/02/757cee76-7498-11ea-87da-77a8136c1a6d_story.html https://www.justice.gov/usao-wdpa/pr/us-attorney-scott-brady-and-pennsylvania-attorney-general-josh-shapiro-announce https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020/src/docs/128151_PACDL_Magazine_NotesWarning-_State_Attorneys_General_Investigations_Increasing_Due_to_COVID-19.pdf https://www.usnews.com/news/best-states/articles/2020-03-30/new-jersey-creates-task-force-to-catch-criminals-taking-advantage-of-coronavirus https://www.thenewsjournal.net/attorney-general-issues-subpoenas-to-amazon-third-party-sellers-for-price-gouging-during-covid-19-pandemic/ https://www.miamiherald.com/news/coronavirus/article241522851.html https://www.cnn.com/2020/03/25/us/norwegian-cruise-coronavirus-trnd/index.html https://www.post-gazette.com/news/crime-courts/2020/03/24/Florida-governor-says-negligence-Atria-Willow-Wood-elder-care-facility-with-coronavirus-cases-criminal/stories/202003240058 https://www.cnn.com/2020/03/25/us/washington-nursing-home-coronavirus-inspection-report/index.html

For the Defense - Vol. 5, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 2