For the Defense - Vol. 5, Issue 4 - 44

seriousness you would discuss the waiver of any
constitutional right.30

*

outside my office have had tremendous success with
Rule 600 motions. Oftentimes, just making it plain
to the Commonwealth that you intend to seriously
Request discovery early and in writing. That way,
litigate
thisUsing
issue for
can
get
you results.
It
is onlyboth
one
complete
form.
While
looksclient
straightforward,
there are
traps
unwary.
Neglecting
to
put
Discussthe
this
waiver
withityour
with the same
thethe
strategy
above,
people
in " N/A "
and
if the Commonwealth fails to provide requested
in anseriousness
" if applicable "
box, or
not attaching
required
document,
thinking
ahead
twomeans
yearssuccess
to when
in your or
arsenal,
but
because
a win
you would
discuss
the waivera of
anyweapon
outside
mynot
office
have
had
tremendous
with
discovery,
any required
continuance
will
because
on not just delays, but " administrative withdrawals " that end the
30
the interview
will
happen-these
can
discharge,
it is600
a potent
weapon
that should
never it plain
constitutional right.
Rule
motions.
Oftentimes,
just making
the prosecution.
you have
to follow-up
with an
theapplicant say (under oath) when asked to take ownership of
opportunity Ifwithout
notice.
What does
be overlooked.
to the Commonwealth that you intend to seriously
Commonwealth
they
failed
tobut
* Request
discovery
early
and
inhave
writing.
That
way,
their
crime, about
and
indiscovery
truth
they
were
innocent
took the plea because it was the best option at the time?
litigate this issue can get you results. It is only one
handDo
over,
be
sure
to
memorialize
such
requests
in
they
really
have
to
disclose,
in
a
public
document,
the things that had taken them to Juvenile Court,
if the Commonwealth fails to provide requested
NOTES: weapon in your arsenal, but because a win means
twenty
years
earlier?
a writing
such
as an
email.
discovery,
any
required continuance will be on 1
Commonwealth
v. Mills,
A.3d 323
(Pa. 2017).
discharge,
it is a162
potent
weapon
that should never
the prosecution. If you have to follow-up with the
2
U.S. ConSt
. overlooked.
Amend. VI; PA. CONST. art. 1, § 9.
If a continuance
is
required
due
to
the
be
Even more important than advising on specific questions
is helping them with their personal statement.
Commonwealth about discovery they have failed3 Commonwealth
to
v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
Commonwealth's
failureinofthe
diligence,
sure to
Called " optional "
form, itbe
is not:
in fact, it is
4 the single most important part of the whole form. It
Barker
v.
Wingo,
407 U.S. 514, 530 (1972) (articulating the
hand over, be sure to memorialize such requests in
is where
the
applicant
who they are today,
where
they
headed, how
their 904
convictions
are
put that
on the
record
at theaddresses
time the continuance
NOTES:
constitutional
test);are
Commonwealth
v. Preston,
A.2d
a writing
such
aswhy
an email.
1
holding
them
back,
the
Board
can
be
confident
that
the
applicant
has
changed
their
ways,
and
what
1,
10
(Pa.
Super.
Ct.
2006)
(the
Barker
test
is
an
entirely
is requested. Even if the judge does not rule in
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2analysis
separatethat
from
Rule. 600
and
therefore
has
to
provedue
they
deserve
pardon
can
provide.
U.S. only
ConSt
. aAmend
VI; PA.
CONST.
art. needs
1, § 9. to be
yourthe
favor,
have
atdone
least
preserved
the
* applicant
If ayou
continuance
is required
to issue
the for the freedom
3
raised separately).
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
appeal. Commonwealth's failure of diligence, be sure to 5 Pa.R.Crim.P.
4
Rule 600(2)(a);
see also
Barker
v.
407
U.S.
514,
530made
(1972)scores
(articulating
the
We, as attorneys, know exactly what this is: the closing speech
toWingo,
the jury.
WeCommonwealth
have
if not
put that on the record at the time the continuance
v. Kearse, 890
A.2d 388, 395
(Pa.
Super. Ct. 2005)
(no
constitutional
test);
Commonwealth
v.
Preston,
904
A.2d
hundreds
of them.
We assemble
the must
facts,be
arrange them in a way that best tells the client's story, and
All motions
to dismiss
pursuant
to Rule 600
need
beSuper.
shownCt.
to2006)
obtain
Rule
600 dismissal).
10 (Pa.
(the
Barker
test is an entirely
is requested.
Even ifWe
thedo
judge
does not
rule
in " prejudice "
31 passion.
deliver
it with
it better
than
anyone
else. Rule1,600
File your client's
motion
after
the
made
in writing.
While
has analysis
a more definitive
time
period,
the sole
separate
from
Rule
600
and
therefore
needs to be
your favor, you have at least preserved the issue for
focus of Rule
600separately).
is on the action of the Commonwealth.
365-day period has elapsed. If the trial judge rules
raised
appeal.
5
Bottom
line,
that is all that
is being asked of us: to
help
someone
who
help
tell
their
story as best
Thus,
a constitutional
argument
should
be
forwarded
Pa.R.Crim.P.
Ruleneed
600(2)(a);
see
also
Commonwealth
against
you and
subsequently
the Commonwealth
when athe
delay
prejudices
a
defendant
and
that
delay
they can. Five or six hours, max. And for that little effort,
client's
chances
grow
to
almost
9-in-10.
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. was
2005) (no
causes*another
substantial
period
of delay,
file 600 must be
All motions
to dismiss
pursuant
to Rule
primarily caused
by theneed
courts.
" prejudice "
be shown to obtain Rule 600 dismissal).
31
a newPardons
Rule
600in
motion
based
thisclient's
additional
Fileon
your
after 6the
made
writing.
Pa.R.Crim.P.
RuleRule
600(D)(1).
600
a more
definitive time
period, the
sole
make
enormous
good
sensemotion
for individuals,
their While
families,
andhas
the
communities
in which
they
focus
of
Rule
600
is
on
the
action
of
the
Commonwealth.
timelive
and365-day
litigate
it
prior
to
any
trial
to
preserve
an
period
has
elapsed.
If
the
trial
judge
rules
and work. The possibility of a pardon within a reasonably short time will keep hope alive for those
Thus, a to
constitutional
argument
shouldthe
be forwarded
Click
here
view and/or
print
objection
to the
the criminal
additional
time system,
period.the
against
you
and subsequently
Commonwealth
leaving
justice
and
likely reduce the
incidence
of
recidivism
as a result
of the
improved
when a delay prejudices a defendant and that delay was
full
notes
section
for
this
article.
financial
opportunities
and security
And every
one
of
us
can
help.
causes
another substantial
periodpardons
of delay,provide.
file
primarily caused by the courts.
At the Rule 600 hearing, after the defense has
6
a new Rule 600 motion based on this additional
Pa.R.Crim.P. Rule 600(D)(1).
made a prima facie showing that the defendant
time and litigate it prior to any trial to preserve an
NOTES:
has not
been brought to trial within 365 days,
1
The stories
in thisto
article
appear intime
blue are
those of actual
Click here to view and/or print the
objection
the that
additional
period.
the Commonwealth
bears
thechanged,
burdenbut
ofnothing
proving
clients. Their names have
been
else.
full notes section for this article.
2
Michael
Coard,
Coard:
No
for Meek
Brinkley,
that they
have
nonetheless
acted
withMill's
diligence.
* At
the
Rule
600Vote
hearing,
after
theJudge
defense
has
Trump, The Philadelphia Tribune, Aug. 30, 2019, https://www.
This phillytrib.com/commentary/michaelcoard/coard-vote-no-formeans
thata after
defense
hasthat
made
such
made
primathe
facie
showing
the
defendant
Katherine Ernst is an
meek-mills-judge-brinkley-trump/article_b4002c01-e0a3-52f8a prima
facie
showing,
it
is
the
Commonwealth
has
not
been
brought
to
trial
within
365
days,
appellate attorney with the
94e0-a2857e15882a.html.
Pressthe
Release,
District Attorney
Krasner
Statement
who3 should
be
required
to put
on its
evidence
Commonwealth
bears
the
burdenonofPlea
proving
Montgomery County Public
Resolving Robert Williams (Meek Mill), (Aug. 27,
and Agreement
the defense
only argue after
that
theyshould
have nonetheless
actedthe
with diligence.
2019),
https://medium.com/philadelphia-justice/district-attorneyDefender's
Office.Oxholm
She III. A civil
Carl (Tobey)
krasner-statement-on-plea-agreement-resolving-commonwealthCommonwealth
has that
doneafter
so. Essentially,
a Rule
600 such
This means
the defense
has made
Katherine
Ernst
an
litigator
for most
of
handles
appeals
from
allhisis40v-da3839aa7851.
4
hearing
should
in form
identically
a prima
facie
italmost
is
Commonwealth
Pennsylvania
Oproceed
ffice
of Ashowing,
ttorney
General
, Cthe
riminal
Justice: Reforms
legal to
career,
Carl (Tobey)
appellate
attorney
with the
units,year
juvenile
homicide,
o Improve Lives &
Savebe
Money
at asks
20,on
https://www.
to a Tsuppression
hearing.
If(May
the 2020)
judge
you
who should
required
to put
its evidence
Oxholm
III
learned
about
rap
Montgomery
County
Public
paauditor.gov/Media/Default/Reports/RPT_CJR_060920_FINAL.pdf
and she also formulates
to argue
prior
to defense
the Commonwealth's
evidence,
sheets and criminal history
the
should only argue
after the
citingand
https://www.pewtrusts.org/en/research-and-analysis/issueDefender's
Office.
She
legal records
strategy
forafter
pre-trial
briefs/2018/09/probation-and-parole-systems-marked-by-highonly
he retired
make
it clear
that you could
possibly
argue a Rule 600
Commonwealth
has not
done
so. Essentially,
stakes-missed-opportunities.
handles
appeals
from
all
and trial units. Katherine graduated
Magna
Cum
from
his second
career
(leading
5
on behalf
of your
client until
youin
know
what
theidentically
Collateral
Consequences
of Conviction
Project,
American
Bar
hearing
should
proceed
form
almost
three
Universities
into
the
units,
juvenile
homicide,
Association, (2016),evidence
https://www.americanbar.org/groups/criminal_
Laude from Loyola Law School,
New
Orleans
Commonwealth's
of diligence
to a suppression
hearing.
If theis.
judge asks you
justice/niccc/.
Philadelphia
area)
and
and
she
also
formulates
6
She practiced began
In January
2019,prior
Earl Buford,
Executive Officer ofevidence, in 2007 and was on law review.
to argue
to theChief
Commonwealth's
his
third,
as a volunteer for
If thePartner4Work,
Commonwealth
appears
at
the
Rule
600
Allegheny County's Workforce Development
legal strategy
for pre-trial
Coren
& Ress
in
Philadelphia
out
make
it " Itclear
that you
could
not
possibly
argue at Kaufman,
Philadelphia
Lawyers
for
Social
Equity,
www.plsephilly.
Board,
wrote
is
undeniable
that
criminal
records
are
a
hearing and does not present any evidence that
and
trial
units.
Katherine
graduated
majoron
factor
in keeping
people
in poverty "
- a declaration
thatthe of law
and
thereafter
work
in
theMagna
org,school,
of
which
he
is today
thedid
Executive
Director.
For Cum
behalf
of your
client
until you
know what
it acted
with
diligence-for
instance,
they did
notInc.
Patrick
Clancy,
President and CEO
of Philadelphia
Works,
Laude
from
Loyola
Law
School,
New
Orleans
information
about being trained
as §1983
a Pardon
or
intersection
of horseracing
law and
forCoach
a
Commonwealth's
evidence
of diligence
is. of
WDB)
months
later. Seemade
Report
bring(Philadelphia's
in the officer
toechoed
testifya few
to the
attempts
otherwise
supporting
PLSE,
check
the
website
or
write
the Economy League, infra at n. 9, at p. 4, fns. 6,7.
in
2007
and
was
on
law
review.
She
practiced
number of years before following her passion
7
Press
United Way
PLSE's Firstat
Two
Pardon
to find
apprehend
theFunds
defendant-argue
that 600
* and
IfRelease,
the
Commonwealth
appears
the
Rule
him at
atoxholm@plsephilly.org.
Kaufman,
Coren & Ress in Philadelphia out
for indigent
criminal defense.
Hubs (Aug. 27, 2018), https://www.plsephilly.org/wp-content/
theyuploads/2020/07/PLSE-Press-Release-UWay-Pardon-Hubhave
not met
their
burden
because
the
burden that
hearing
and
does
not present
any
evidence
of law school, and thereafter did work in the
Partnership.pdf.
of proof
includes
the burden
of production
and
it
acted with
diligence-for
instance,
they did not
8
intersection of horseracing law and §1983 for a
Philadelphia's Poor: Experiences From Below the Poverty Line:
Share
this article
arguments
of counsel
areAffects
not
bring
inWell-Being
the officer
toevidence.
testify
to From
the attempts
How Financial
Everything
Health and made
number of years before following her passion
Housing
to
Education
and
Employment,
P
ew Foundation (Sep.
to find and apprehend the defendant-argue that
26, 2018), https://www.pewtrusts.org/research-and-analysis/
for indigent criminal defense.
they have not met their burden because the burden
reports/2018/09/26/philadelphias-poor-experiences-from-belowVol. 4, Issue 4 l For The Defense
9
the-poverty-line.
of proof includes the burden of production and
Share this article
arguments of counsel are not evidence.
PANTONE

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

*

#153A5B

PANTONE

#EAC137

2955C

7406C

CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

234/194/56

HEXIDECIMAL

#153A5B

*

#EAC137

PANTONE

2955C

7406C

CMYK

*

90/78/39/30

9/22/91/0

RGB

22/58/92

About the Author

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

About
thethe
Author
About
Author

*

44

For The Defense l Vol. 5, Issue 4

Vol. 4, Issue 4

l

For The Defense

9


https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020/src/docs/Redefining_Pardons_Notes_Oxholm.FINAL.pdf https://www.phillytrib.com/commentary/michaelcoard/coard-vote-no-for-meek-mills-judge-brinkley-trump/article_b4002c01-e0a3-52f8-94e0-a2857e15882a.html https://www.phillytrib.com/commentary/michaelcoard/coard-vote-no-for-meek-mills-judge-brinkley-trump/article_b4002c01-e0a3-52f8-94e0-a2857e15882a.html https://www.phillytrib.com/commentary/michaelcoard/coard-vote-no-for-meek-mills-judge-brinkley-trump/article_b4002c01-e0a3-52f8-94e0-a2857e15882a.html https://www.phillytrib.com/commentary/michaelcoard/coard-vote-no-for-meek-mills-judge-brinkley-trump/article_b4002c01-e0a3-52f8-94e0-a2857e15882a.html https://www.medium.com/philadelphia-justice/district-attorney-krasner-statement-on-plea-agreement-resolving-commonwealth-v-da3839aa7851 https://www.medium.com/philadelphia-justice/district-attorney-krasner-statement-on-plea-agreement-resolving-commonwealth-v-da3839aa7851 https://www.medium.com/philadelphia-justice/district-attorney-krasner-statement-on-plea-agreement-resolving-commonwealth-v-da3839aa7851 https://www.paauditor.gov/Media/Default/Reports/RPT_CJR_060920_FINAL.pdf https://www.paauditor.gov/Media/Default/Reports/RPT_CJR_060920_FINAL.pdf https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/09/probation-and-parole-systems-marked-by-high-stakes-missed-opportunities https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/09/probation-and-parole-systems-marked-by-high-stakes-missed-opportunities https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/09/probation-and-parole-systems-marked-by-high-stakes-missed-opportunities https://www.americanbar.org/groups/criminal_justice/niccc/ https://www.americanbar.org/groups/criminal_justice/niccc/ http://www.plsephilly.org http://www.plsephilly.org https://www.plsephilly.org/wp-content/uploads/2020/07/PLSE-Press-Release-UWay-Pardon-Hub-Partnership.pdf https://www.plsephilly.org/wp-content/uploads/2020/07/PLSE-Press-Release-UWay-Pardon-Hub-Partnership.pdf https://www.plsephilly.org/wp-content/uploads/2020/07/PLSE-Press-Release-UWay-Pardon-Hub-Partnership.pdf https://www.pewtrusts.org/research-and-analysis/reports/2018/09/26/philadelphias-poor-experiences-from-below-the-poverty-line https://www.pewtrusts.org/research-and-analysis/reports/2018/09/26/philadelphias-poor-experiences-from-below-the-poverty-line https://www.pewtrusts.org/research-and-analysis/reports/2018/09/26/philadelphias-poor-experiences-from-below-the-poverty-line

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
For the Defense - Vol. 5, Issue 4 - 12
For the Defense - Vol. 5, Issue 4 - 13
For the Defense - Vol. 5, Issue 4 - 14
For the Defense - Vol. 5, Issue 4 - 15
For the Defense - Vol. 5, Issue 4 - 16
For the Defense - Vol. 5, Issue 4 - 17
For the Defense - Vol. 5, Issue 4 - 18
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
For the Defense - Vol. 5, Issue 4 - 42
For the Defense - Vol. 5, Issue 4 - 43
For the Defense - Vol. 5, Issue 4 - 44
For the Defense - Vol. 5, Issue 4 - 45
For the Defense - Vol. 5, Issue 4 - 46
For the Defense - Vol. 5, Issue 4 - 47
For the Defense - Vol. 5, Issue 4 - 48
For the Defense - Vol. 5, Issue 4 - 49
For the Defense - Vol. 5, Issue 4 - 50
For the Defense - Vol. 5, Issue 4 - 51
For the Defense - Vol. 5, Issue 4 - 52
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
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
https://www.nxtbookmedia.com