For the Defense - Vol. 5, Issue 4 - 34

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19
If a probation sentence is revoked due to both a technical
NOTES:
Discuss
this waiver with your client with the same
Using
theand
strategy
above, of
people
both init and
1
violation
for a conviction
a new offense,
is considered a
Joint Technology Committee Resource Bulletin. " Courts
revocation
due
to
a
conviction
for
a
new
offense.
seriousness
the waiver of any
outside
my
office
have
had
tremendous
success
with
Disrupted. " you
Maywould
11, 2017,discuss
https://cdm16501.contentdm.oclc.org/
20
The reason for the shift in sentencing alternatives is unknown
digital/collection/tech/id/872
[accessed September 30, 2020].
30
constitutional
right.
Rule
600
motions.
Oftentimes,
just
making
it
plain
2
and additional research beyond the scope of this article is
Order of the Supreme Court, No. 531 Judicial Administration
required.
It can be hypothesized
courts to
were
prioritizing
Docket, March 16, 2020.
to the
Commonwealth
that youthat
intend
seriously
3
Request
discovery
and in writing. That way,
cases as they returned to normal processes, and thus would
COVID-19
and the early
DOC, https://www.cor.pa.gov/Pages/
litigate
thisthe
issue
can
get cases
you first,
results.
It isinonly
address
more
serious
resulting
moreone
serious
COVID-19.aspxI
[accessedfails
September
30, 2020].
if the
Commonwealth
to provide
requested
4
resentences
being
imposed.
Order of the Governor of the Commonwealth of Pennsylvania weapon
in your arsenal, but because a win means
discovery,
required
continuance
be on
Regardingany
Individuals
Incarcerated
in Statewill
Correctional
discharge, it is a potent weapon that should never
Institutions,
April
10,
2020,
https://www.governor.pa.gov/wpthecontent/uploads/2020/04/20200410-GOV-DOC-reprieve-releaseprosecution. If you have to follow-up with the
be overlooked.
Commonwealth
about
discovery
they
order-COVID-19.pdf
[accessed
September
30,have
2020].failed
A totalto
of
159 inmates had their sentences temporarily reprieved as of
hand
over,2, be
sure to memorialize such requests in
October
2020.
NOTES:
5
Phone interview
David Crowley, Chief Public Defender
a writing
such as with
an email.
1
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
Centre County (October 30, 2020).
6
2
See
42
Pa.C.S.
§§
2153.
U.S.
ConSt. Amend. VI; PA. CONST.Matthew
art. 1, § 9. Kleiman, Ph.D. is
If a7 42
continuance
is required due to the
3
Pa.C.S. §§ 2154.2 through 2154.7 and 18 Pa.C.S. § 2711.
Commonwealth v. DeBlase, 665 A.2d
427, 431 (Pa.
1995). of the
the Deputy
Director
8
Commonwealth's
ofbased
diligence,
sure to set
All analyses in thisfailure
article are
upon a be
standardized
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
of data of sentences and resentences imposed from January
Pennsylvania Commission
put2019
that
on the
at are
thereported
time the
continuance
constitutional test); Commonwealth v. Preston, 904 A.2d
through
Julyrecord
2020 that
to the
Commission
on Sentencing.
As deputy
1, 10 (Pa. Super. Ct. 2006) (the Barker
test is an entirely
via SGS Web. Even
Sentencing
and
resentences
felony
is requested.
if the
judge
does include
not rule
in and
misdemeanor conviction offenses for which sentences are
separate
analysis
from
Rule
600
and
therefore
needs
to be
director,
he
provides
your
favor,byyou
have
at least
preserved
the issuearefor
imposed
courts
of record.
Sentences
and resentences
raised separately).
required to be reported to PCS within 30 days of sentence/
leadership
and oversight
appeal.
5
Pa.R.Crim.P. Rule 600(2)(a); see also
Commonwealth
resentence (§303.1(e) and §307.2(d)). The data used in this article
theCt.
Research
v. Kearse, 890 A.2d 388, 395 (Pa.of
Super.
2005) (noand
sentences/resentences that were reported the month of
Allinclude
motions
to dismiss
pursuant
Rule 600
be
imposition
and
the following
month.to
Historically,
at must
least 70%
" prejudice "
need
be
shown
to
obtain
Rule
dismissal).
Data Analysis unit and promotes600
the
research
31
of sentences
are reported
withinclient's
this two-month
frame.
File your
motiontime
after
the
made
in writing.
While Rule 600 has a more definitive time period, the sole
Sentences are based on the most serious offense in a criminal
partnerships
with
The
Pennsylvania
State
University
focus of Rule 600 is on the action of the Commonwealth.
365-day
period
has elapsed.
the trial
judge rules
incident.
The resentencing
data isIflimited
to revocations
of
Thus,and
a constitutional
argument
should beand
forwarded
other research
institutions
criminal justice
probation
that are resentenced.
The data are based
against
yousentences
and subsequently
the Commonwealth
when a delay prejudices a defendant and that delay was
on the most serious resentence. A total of 50 counties reported
partners. Prior to joining the Commission, Dr.
causes
another
substantial
resentences
to the
Commission.period of delay, file
primarily caused by the courts.
9
Order
of
the
Supreme
Court,
No.
531
Judicial
Administration
6
Kleiman
worked
for nearly two decades at the
a new Rule 600 motion based on this additional
Pa.R.Crim.P.
Rule
600(D)(1).
Docket, March 16, 2020.
10 and litigate it prior to any trial to preserve an
National
Center
for
State Courts (NCSC) where he
time
Slight month to month variations in the number of sentences
imposed
are
to
be
expected
due
to
holidays,
judicial
vacations,
Click
here
tothan
view
print
objection
to the additional time period.
visited
more
100and/or
trial courts
andthe
worked with
and the fluid nature of court filings and the resultant workload
full
notes
section
for
this
article.
of the court.
hundreds of judges, public defenders, prosecutors,
At 11the
Rule 600
hearing,
afteris the
has
Generally,
county
classification
baseddefense
on the population
and court staff throughout the Unites States and
of a a
county
(Actfacie
130 of
1955). Philadelphia
the only First
made
prima
showing
that the isdefendant
Class County (population 1.5 million or more; Allegheny is the
across the world. While at NCSC he developed
hasonly
notSecond
beenClass
brought
trial within
365todays,
Countyto
(population
800,000
1,499,999);
Class A countiesbears
have athe
population
500,000
to 799,999
statewide resource assessment models for public
theSecond
Commonwealth
burdenofof
proving
(Bucks, Delaware, and Montgomery). Third Class counties have a
defenders (attorneys and staff) in Maryland, New
that
they have
nonetheless
acted
diligence.
population
of 210,000
to 499,999.
Theywith
include:
Berks, Chester,
Cumberland, Dauphin, Erie, Lackawanna, Lancaster, Lehigh,
Mexico, and Virginia.
This
meansNorthampton,
that after Westmoreland,
the defense and
has York.
made such
Katherine Ernst is an
Luzerne,
12
Sixth facie
Class counties
haveita is
population
of 45,000 to 89,999 (24
a prima
showing,
the Commonwealth
appellate attorney with the
counties, Armstrong, Bedford). Seventh Class counties have a
who
should of
be20,000
required
to put
on its e.g.
evidence
Diane E Shoop, Ph.D.
is the Manager
of Public
Executive
population
to 44,999
(4 counties,
Juniata, Snyder).
Montgomery
County
Eighth
counties
have aonly
population
less than
and
the Class
defense
should
argueofafter
the20,000 (6
and Policy SupportDefender's
for the Pennsylvania
Office. SheCommission
counties, e.g. Cameron, Forest). For a full list of counties by
Commonwealth
hasCommissioners
done so. Essentially,
600
Class, see the County
AssociationaofRule
Pennsylvania
on Sentencing. In handles
this role,appeals
she works
onallemerging
from
website:
https://www.pacounties.org/PAsCounties/Pages/Countieshearing
should
proceed in form almost identically
mandates
and
projects,
including
data
analysis,
by-Class.aspx.
units, juvenile to homicide,
to 13a 75%
suppression
hearing.
judge asksand
you
of conviction
offenses If
arethe
misdemeanors
25% are
tracking and interpreting
projections,
and shelegislation,
also formulates
The largest
proportion
of offenses sentenced
in 2019
to felonies.
argue prior
to the
Commonwealth's
evidence,
were unclassified misdemeanors (33%) followed by M-1 (20%),
and resource utilizations.
Prior tofor
joining
the
legal strategy
pre-trial
make
clearand
that
you could
not possibly
argue
M-2 it
(14%),
F-3(11%).
Other conviction
offense
statutory
staff in 2001,
she wasMagna
the Director
were less than 10% each: M-3 and unclassified felonies
andCommission
trial units. Katherine
graduated
Cum of
ongrades
behalf
know what
(7%
each);ofF-2your
(5%)client
and F-1until
(3%). you
This breakdown
heldthe
consistent
the
Pennsylvania
State
Data
Center,
an
applied
Laude from Loyola Law School, New Orleans
for 2020 with April evidence
being an exception.
Commonwealth's
of diligence is.
14
In 2019, roughly 50% of sentences are for convictions of drug
research
Penn
StateShe
Harrisburg.
in 2007
and center
was onatlaw
review.
practiced
and Commonwealth
DUI offenses and 20%
are for property
offenses.
If the
appears
at
the
Rule
600
15
at Kaufman, Coren & Ress in Philadelphia out
Act 115 of 2019 was effective December 18, 2019. This
hearing
and does
notcounty
present
any evidence
thatas
Act repealed
state and
intermediate
punishment
of law school, and thereafter did work in the
sentencing alternatives. State Drug Treatment Program under the
it acted
with
diligence-for
didSIP.not
authority
of the
Department of instance,
Corrections they
replaced
County
intersection of horseracing law and §1983 for a
Intermediate
Punishment
Programs
restrictive
bring
in the officer
to testify
towere
the reassigned
attemptsasmade
number of years before following her passion
conditions of probation.
to 16find
and apprehend
the defendant-argue that
42 Pa.C.S.
§ 9763.
for indigent criminal defense.
17
42
Pa.C.S.
§ 9771(b).
they
have
not
met their burden because the burden
18
Act 115 of 2019 repealed county intermediate punishment
of and
proof
includes
the punishment
burden ofasproduction
and
state
intermediate
sentencing alternatives.
In order to of
examine
a comparable
of data, this analysis solely
Share this article
arguments
counsel
are not set
evidence.
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focuses on revocations of probation that were subsequently
resentenced.

34

For The Defense l Vol. 5, Issue 4

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For The Defense

9


https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/872 https://cdm16501.contentdm.oclc.org/digital/collection/tech/id/872 https://www.cor.pa.gov/Pages/COVID-19.aspxI https://www.cor.pa.gov/Pages/COVID-19.aspxI https://www.governor.pa.gov/wp-content/uploads/2020/04/20200410-GOV-DOC-reprieve-release-order-COVID-19.pdf https://www.governor.pa.gov/wp-content/uploads/2020/04/20200410-GOV-DOC-reprieve-release-order-COVID-19.pdf https://www.governor.pa.gov/wp-content/uploads/2020/04/20200410-GOV-DOC-reprieve-release-order-COVID-19.pdf https://www.pacounties.org/PAsCounties/Pages/Counties-by-Class.aspx https://www.pacounties.org/PAsCounties/Pages/Counties-by-Class.aspx

For the Defense - Vol. 5, Issue 4

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

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