For the Defense - Vol. 5, Issue 4 - 25

is requested. Even if the judge does not rule in
your favor, you have at least preserved the issue for
appeal.
reform had taken a spotlight in the media right behind
* All motions
to dismiss pursuant to Rule 600 must be
the dearth of31Clorox Wipes and whether holding your
File your
client's
motion
after
the if
made
in
writing.
breath for ten seconds
was
a viable
way to
determine
365-day
period
has elapsed.
the trial
judge
rules
you had
COVID-19.
It wasIftime
to put
down
the wine,
against
and subsequently
stopyou
ruminating
over whatthe
lifeCommonwealth
would be like had I
invested
in substantial
the early stages
of of
Zoom,
and
causes
another
period
delay,
fileget my act
together.
a new Rule 600 motion based on this additional
time and litigate it prior to any trial to preserve an
As criminal defense attorneys, we spend our days
objection
to the
additional
time
fighting
to uphold
what
weperiod.
believe is the proper
interpretation
of the Constitution
all to get
our clients a
* At the
Rule 600 hearing,
after the defense
has
fair shake. And speaking of shakes, we're now practicing
made a prima facie showing that the defendant
in a world where handshakes, hugs and high-fives have
has not
brought
trial within
365 days,
beenbeen
traded
for thetooccasional
elbow
bump and head
the Commonwealth
bears
the
burden
of
proving
nod. A personal part of our practice-human touch-
thathas
theybeen
havereplaced.
nonetheless
with diligence.
Manyacted
can separate
the emotional
the the
job and
comfortably
restsuch
their minds
This component
means thatof
after
defense
has made
at
night,
but
for
things
to
" get
better "
at
a prima facie showing, it is the Commonwealth Wimmer
Criminal Defense, I had to replace human touch with
who should be required to put on its evidence
a deeper sense of empathy for my incarcerated clients
and and
the defense
should
argue
their families.
Ofonly
course,
youafter
havethe
the clients who
Commonwealth
has
done
so.
Essentially,
are sold on your representation based a
onRule
your600
website
hearing
proceed
in formand
almost
identically
and should
five year-old
headshots,
if you've
been around
enough,hearing.
your name
floats
through
to a long
suppression
If the
judge
asksthe
youjail, but the
majority
seek
to
feel
your
energy
in-person
to argue prior to the Commonwealth's evidence,to make
sure you are " the right fit. " Reduced phone time and
make it clear that you could not possibly argue
the suspension of in-person visits stifled my progress. I
on behalf
yourthe
client
until
know
what the zealot.
did notofhave
energy
toyou
be the
revolutionary
Commonwealth's
evidence
of
diligence
is.
I just had to be me-a slightly germophobic lawyer who
cares.

* If the Commonwealth appears at the Rule 600
hearing
and does not
present
anyand
evidence
thatTo be the
Vulnerability
brings
change
progress.
it acted
with
diligence-for
instance,
they
did
best lawyer for my clients, I had to accept thatnot
I could not
operate
usual.toTimes
had
and for
starters, I
bring
in the as
officer
testify
tochanged
the attempts
made
needed
to physicallythe
getdefendant-argue
back into the office.
I made a
to find
and apprehend
that
list
of
every
client
who
was
incarcerated
in
the
county
they have not met their burden because the burden
system and immediately started filing motions for
of proof includes the burden of production and
release. If I was not going to step foot into the prison,
arguments
of everyone
counsel are
not
I needed
out.
It evidence.
was, therefore, incumbent

separate analysis from Rule 600 and therefore needs to be
raised separately).
5
Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
v. Kearse,
395as(Pa.
Super.creative
Ct. 2005) arguments
(no
upon890
meA.2d
to 388,
craft
many
for
" prejudice "
be shown
obtain Rule
release,need
throw
them to
against
the 600
walldismissal).
and see what
While
Rule 600
a more
definitive
period, the
sticks.
As has
usual,
there
weretime
moments
ofsole
defeat-
focusparticularly
of Rule 600 for
is onmy
theclient
actionwho
of theisCommonwealth.
now well beyond his
Thus, a constitutional argument should be forwarded
999th day in prison, but there were also moments of
when a delay prejudices a defendant and that delay was
accomplishment and sheer joy. Sorry to disappoint
primarily caused by the courts.
those who
on schadenfreude.
6
Pa.R.Crim.P.
Rulethrive
600(D)(1).

None of us know exactly when our lives will return
Click
here to view and/or print the
to pre-pandemic normalcy, if ever. All we can do is put
full
section
this
article.
on notes
our pinstripe
suits, for
adapt
to the
changes, and give
each and every client one hundred and ten percent of
our efforts. I find that if I live each day with a purpose
and a goal, I become a better wife, mother, daughter,
friend, and advocate. Some days my goal involves work,
some days not, and that's okay. Be kind to yourself and
each other, share your knowledge, and continue the
Katherine Ernst is an
good fight.

About the Author
PANTONE

2955C

appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units,Lauren
juvenile
homicide,
A. to
Wimmer
is the
founder
of Wimmer Criminal
and she
also formulates
Philadelphialegal Defense,
strategy PC,
forapre-trial
based criminal defense and
and trial units. Katherine graduated Magna Cum
civil rights law firm practicing
Laude from Loyola Law School,
New
in state
andOrleans
federal courts
in 2007 and was on law review.
She practiced
in Pennsylvania
and New
Jersey.
She
graduated
at Kaufman, Coren & Ress in Philadelphia out from
Rutgers University School of
of law school, and thereafter
did work in the
Law in Camden. Lauren is a member of PACDL's Amicus
intersection
ofas
horseracing
law and ยง1983
for a Defense
Committee
well as the Association
of Criminal
number
of years
before
her passion
Lawyers
of New
Jersey following
and the National
Organization for
the Reform
of Marijuana
Laws.
for indigent
criminal
defense.
90/78/39/30

About the Author
22/58/92

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234/194/56

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Call for Platform Submissions

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Vol. 4, Issue 4

As the voice of criminal defense attorneys at the state capitol, PACDL calls on you to submit legislative proposals to
PACDL's Platform Committee. The legislative Platform serves
as the blueprint for PACDL's advocacy and lobbying efforts
in addition to responses dictated by day-to-day events. PACDL encourages you to develop and submit proposed policy
positions that are relevant to the public policy interests of
criminal defense attorneys. Please complete the platform
proposal form and submit it no later than January 15, 2021
to pacdl@pacdl.org. Your proposals will receive initial consideration by PACDL's Platform Committee. This committee
will then present a proposed platform
to PACDL members
PANTONE
at its 2021 Annual Membership Meeting.

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For The Defense

9



For the Defense - Vol. 5, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 4

Contents
For the Defense - Vol. 5, Issue 4 - 1
For the Defense - Vol. 5, Issue 4 - 2
For the Defense - Vol. 5, Issue 4 - Contents
For the Defense - Vol. 5, Issue 4 - 4
For the Defense - Vol. 5, Issue 4 - 5
For the Defense - Vol. 5, Issue 4 - 6
For the Defense - Vol. 5, Issue 4 - 7
For the Defense - Vol. 5, Issue 4 - 8
For the Defense - Vol. 5, Issue 4 - 9
For the Defense - Vol. 5, Issue 4 - 10
For the Defense - Vol. 5, Issue 4 - 11
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For the Defense - Vol. 5, Issue 4 - 15
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For the Defense - Vol. 5, Issue 4 - 19
For the Defense - Vol. 5, Issue 4 - 20
For the Defense - Vol. 5, Issue 4 - 21
For the Defense - Vol. 5, Issue 4 - 22
For the Defense - Vol. 5, Issue 4 - 23
For the Defense - Vol. 5, Issue 4 - 24
For the Defense - Vol. 5, Issue 4 - 25
For the Defense - Vol. 5, Issue 4 - 26
For the Defense - Vol. 5, Issue 4 - 27
For the Defense - Vol. 5, Issue 4 - 28
For the Defense - Vol. 5, Issue 4 - 29
For the Defense - Vol. 5, Issue 4 - 30
For the Defense - Vol. 5, Issue 4 - 31
For the Defense - Vol. 5, Issue 4 - 32
For the Defense - Vol. 5, Issue 4 - 33
For the Defense - Vol. 5, Issue 4 - 34
For the Defense - Vol. 5, Issue 4 - 35
For the Defense - Vol. 5, Issue 4 - 36
For the Defense - Vol. 5, Issue 4 - 37
For the Defense - Vol. 5, Issue 4 - 38
For the Defense - Vol. 5, Issue 4 - 39
For the Defense - Vol. 5, Issue 4 - 40
For the Defense - Vol. 5, Issue 4 - 41
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For the Defense - Vol. 5, Issue 4 - 43
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https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
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https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
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