For the Defense - Vol. 5, Issue 3 - 49

1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
is requested. Even if the judge does not rule in
separate analysis from Rule 600 and therefore needs to be
your favor, you have at least preserved the issue for
raised separately).
Discussappeal.
this waiver with your client with the same
Using 5the
strategy above, people both in and
Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
on June 22,
created
forofsome
NOTES:
seriousness
you2020
would
discussthe
theneed
waiver
any
outside
my
office have
had388,
tremendous
success
with
v. Kearse,
890 A.2d
395 (Pa. Super.
Ct. 2005)
(no
* All motions thinking.
to dismiss Rather
pursuant
to Rule
600 must be
out-of-the-box
than
handing
"prejudice"
need be shown
obtain Rule
600 dismissal).
constitutional
right.30 31
Rule 600 motions.
Oftentimes,
justtomaking
it plain
Filethe
your
client's motion after the 1 COVID-19
made
in writing.
Guidelines
for
Pennsylvania's
Judiciary:
While Rule
600 has
a more
definitive
period, the sole
exhibits
back
and forth,
Commonwealth
to the Commonwealth
that
you
intend
totime
seriously
focus
of
Rule
600
is
on
the
action
of
the
Commonwealth.
Request
discovery
early
and
in
writing.
That
way,
Resuming
Jury
Trials,
A
dministrative
O
ffice
O
f Pennsylvania
365-day
period
has
elapsed.
If
the
trial
judge
rules
prepared one slide for the original exhibit, and a litigate this issue can get you results. It is only one
a constitutional argument should be forwarded
, http://www.pacourts.us/assets/files/page-1305/
if the
Commonwealth
to provide
requested
against
andfails
subsequently
the
Commonwealth CourtsThus,
second
slideyou
which
the
witness
had
pre-marked
weapon
in
your
but July
because
a win
means
when
a arsenal,
delay
a defendant
and
that delay
file-9559.pdf
(last prejudices
visited
31, 2020)
(referred
to aswas
discovery,
anyanother
requiredsubstantial
continuance
will be
on
causes
of delay,
file
as desired.
Exhibits
were
then period
published
to the
primarily
caused
by
the
courts.
discharge,
it
is
a
potent
weapon
that
should
never
"AOPC
Guidelines" in this article).
6
thejury
prosecution.
youmotion
have
tobased
follow-up
with
the
avia
new
RuleIf 600
on this
additional
PowerPoint
on three
television
monitors.
Pa.R.Crim.P. Rule 600(D)(1).
be overlooked.
Commonwealth
about
failed
to an
time
and litigate
it
prior
tothey
anyhave
trial to
preserve
At the
conclusion
ofdiscovery
trial,
the
jury
deliberated
Click here to view and/or print the
hand
over,
be sure
memorialize
such period.
requests
in
in the
courtroom,
rather
than moving
to a jury
objection
toto
the
additional
time
NOTES:
deliberation
room,
and
the
exhibits
were
left
out
full notes section for this article.
a writing such as an email.
1
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
*
At
the
Rule
600
hearing,
after
the
defense
has
for the jury to review as they deemed fit.
2
If a continuance
is required
due to the
made a prima
facie showing
that the defendant 3 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
Commonwealth's
failure
of diligence,
be sure
todays,
hasLimits
not been
brought
to trial
within
365
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
Time
on
Opening
Statement,
put that
onCommonwealth
the record at the
timethe
theburden
continuance
the
bears
of proving constitutional test); Commonwealth v. Preston, 904 A.2d
Hillary A. Madden is a partner
Closing Argument,
and Cross
Examination
test is an entirely
is requested.
Even
if the
judge doesacted
not rule
that they
have
nonetheless
withindiligence. 1, 10 (Pa. Super. Ct. 2006) (the Barker
at
Durney,
Worthington
&
separate
analysis
from
Rule
600
and
therefore
needs to be
your favor,
you have
at after
least the
preserved
the
issue
forsuch
This means
that
defense
has
made
Madden
LLC
in
Monroe
County,
Katherine
Ernst
is
an
Finally,
for trials
involving
multiple
defendants,
raised separately).
appeal.a prima facie showing, it is the Commonwealth 5 Pa.R.Crim.P. Rule 600(2)(a); see also
Pennsylvania
where shewith
focuses
Commonwealth
appellate
attorney
the
the AOPC recommends the Court hold preprimarily
on
criminal
defense.
v.
Kearse,
890
A.2d
388,
395
(Pa.
Super.
Ct.
2005)
(no
who
should
be
required
to
put
on
its
evidence
trial
conferences
with
counsel
to
discuss
topics
Montgomery
County
Public
All motions to dismiss pursuant to Rule 600 must be
She previously
served as conflict
"prejudice" need be shown to obtain
Rule 600 dismissal).
and thetime
defense
should
only argue
the
31 limits
including,
onclient's
openings
andafter
closings,
Defender's
File your
motion
after
the
made
in writing.
While Rule 600 has a more definitive
timefor
period,
the soleShe
counsel
theOffice.
Monroe
County
Commonwealth
has done and
so. Essentially,
a Rule 600 focus of Rule 600 is on the action of the Commonwealth.
length
of
cross-examination,
whether
365-day period has elapsed. If the trial judge rules
handles
appeals
from
all
Court
of Common
Pleas
from
hearing
should
proceedorinunwilling
form almost
identically Thus, a constitutional argument 2013
witnesses
who
are unable
to attend
should
be forwarded
until
2016. Intoaddition
to
against
you and
subsequently
the Commonwealth
units,
juvenile
homicide,
when a delay prejudices a defendant
and that
delay was
to abe
suppression
hearing.
If via
thevideo.
judge41asks you
should
permitted
to
testify
practicing
criminal
law,
she
is
a
causes another substantial period of delay, file
and she also formulates
by theGuardian
courts. Ad
However,
no prior
criminal
defense
attorney hasevidence, 6 primarily
to argue
to the
Commonwealth's
courtcaused
appointed
Litem in dependency court
a new Rule 600 motion based on this additional
Pa.R.Crim.P. Rule 600(D)(1).
legal strategy
for President
pre-trial
and a Custody Conciliator. Hillary
is also a past
reported
have that
experienced
of video
maketo
it clear
you couldthe
notuse
possibly
argue
time and litigate it prior to any trial to preserve an
and
trial
units.
Katherine
graduated
Magna
Cum
of the Young Lawyers Division and current Vice President
testimony
during
trial.client until you know what the
on behalf
of your
Click
here
to
view
and/or
print
the
objection to the additional time period.
of the
Monroe
County
BarLaw
Association
wellOrleans
as a Zone 5
Laude
from
Loyola
School, as
New
Commonwealth's evidence of diligence is.
full
notes
section
for
this
article.
Delegate
for
the
House
of
Delegates
in
the
Pennsylvania
in 2007 and was on law review. She practiced
At Conclusion
the Rule 600 hearing, after the defense has
Bar Association.
* If the Commonwealth appears at the Rule 600
at Kaufman, Coren & Ress in Philadelphia out
made a prima facie showing that the defendant
hearing
and
does notreported
present any
evidence that
The
primary
challenge
by days,
attorneys
of law school, and thereafter
work in Public
the
has not
been
brought
to trial within 365
Eric Closs is did
an Assistant
it acted
with diligence-for
instance,
they
did not
during
COVID-19
trials
has
been
the
need
for
Defenderlaw
in Monroe
County.
the Commonwealth bears the burden of proving
intersection of horseracing
and §1983
for a
bringtoinbe
the
officerintocompliance
testify to the
attempts
the
jury
seated
with
social made
He
graduated
cum
laude
that
they
have nonetheless
acted with diligence.
number of years before following her passion
to find and
apprehend
the defendant-argue
that
from Villanova Law School in
distancing,
since
prevented
This
means that
afterit the
defenseattorneys
has made from
such
for indigent criminal
defense.
Katherine
Ernst
an enjoyed
2012,
where
heishad
they have
notthe
metjury.
their
burden
because
the burden
connecting
with
An
additional
challenge,
a prima facie showing, it is the Commonwealth
appellate
attorney
with
the
his time there as an editor
includes
thehas
burden
production
and of
forproof
similar
reasons,
beenofthe
use of and
who should be required to put on its evidence
for the
Journal
of Catholic
County
Public
facial
coverings.ofNot
only are
have
masks
hindered
ShareMontgomery
this
article
arguments
counsel
not
evidence.
and the defense should only argue after the
Social
Thought,
a
member
Defender's Office. She
the opportunity to connect with the jury, but
of the Federalist Society,
Commonwealth has done so. Essentially, a Rule 600
they have also become a distraction for counsel.
handles
from
all
and appeals
defending
Vol. 4, Issue
4a litigant
For The
Defense
9
hearing
should
proceed
in
form
almost
identically
l
Courts will continue to look to AOPC guidelines,
units, juvenile
to homicide,
undocumented
immigrants
in
deportation
proceedings
to our
a suppression
hearing.
If the judge
you
accumulating
experience,
andasks
COVID-19
for the Farmworker'sand
Legal
Aid
Clinic.
After law school,
she
also
formulates
to infection
argue prior
to
the
Commonwealth's
evidence,
rates in developing and implementing
he clerked for the Honorable
President
Margherita
legal strategy for Judge
pre-trial
make
it clearfor
that
youduring
could the
not COVID-19
possibly argue
practices
trial
pandemic.
Patti-Worthington handling a docket of criminal
and trial units. Katherine graduated Magna Cum
onThe
behalf
of your client
until
you know
what the
matters. He went on to volunteer his time for Legal
complications
and
changing
situation
that
Laude
Loyola Law
School, New
Aid from
of Southeastern
Pennsylvania
andOrleans
La Communidad
Commonwealth's
evidence
diligence
is. prevent
continue to arise
duringof
the
pandemic
in 2007
andinwas
on law review.
She
practiced
Hispana
his hometown.
He has
now
joined the ranks
the anticipation of every issue that may arise.
If the Commonwealth appears at the Rule 600
of
the
public
defenders,
his
ultimate
goal
since
at
Kaufman,
Coren
&
Ress
in
Philadelphia
out deciding
However, with continued diligence and steadfast
hearing and does not present any evidence that
to
become
a
lawyer,
and
is
very
pleased
to
find
of law school, and thereafter did work in the new
focus upon the rights guaranteed by the United
and vexing ways to trouble the Commonwealth while
it acted
with
diligence-for
instance,
they
did
not
States and Pennsylvania Constitutions, criminal
intersection
§1983 the
for rights
a
defendingof
ourhorseracing
Constitutionlaw
andand
protecting
of
bring
in theattorneys
officer to will
testify
to to
theface
attempts
made
defense
able
the challenges
number
of
years
before
following
her
passion
indigent, criminal defendants.
to posed
find and
the defendant-argue
thatold
byapprehend
this everchanging
landscape. As the
for indigent criminal defense.
they
havegoes:
not met
burden
because
the burden
saying
"Intheir
theory,
theory
and practice
are
of the
proof
includes
the burden
of production
same.
In practice,
they're
different."and
Share this article
arguments of counsel are not evidence.
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PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

Vol. 4, Issue 4

For The Defense

Vol. 5, Issue 3 l For The Defense

http://www.pacourts.us/assets/files/page-1305/file-9559.pdf https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020/src/docs/PACDL_Magazine_Notes_COVID_Jury.final8.25.20.pdf

For the Defense - Vol. 5, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 3