For the Defense - Vol. 6, Issue 1 - 10

*

Discuss this waiver with your client with the same
Using the strategy above, people both in and
seriousness you would discuss the waiver of any
outside my office have had tremendous success with
Discuss
this waiver
with
your
with the
same
thethat
strategy
above,
people
and
indicate
Rule 600
is the manner
by both
which in
Pennsylvania
and constitutional
only
four months
after
the filing
of the
criminal Using
30 client
right.
Rule
600
motions.
Oftentimes,
just the
making
it plain
44
Constitution's
speedy
trial
right
should
be
examined.
In
seriousness
you would discuss the waiver of any
information.
outsideto
mythe
office
have had tremendous
successto
with
Commonwealth
that
you
intend
seriously
Commonwealth v. Colon, the Superior Court noted as much. " In
30
* Requestright.
discovery
early and in writing. That way,Rule 600
constitutional
motions.
making
plain
response
to Barker,
and because
ofyou
the " inherent
vagueness "
litigate
thisOftentimes,
issue
can getjust
results.itIt
is only one
In if
Commonwealth
v. Hamilton,
Supreme
Court to theresulting
the Commonwealth
fails tothe
provide
requested
Commonwealth
that
you but
intend
toPennsylvania
seriously
fromin
the
Barker
balancing
test,
the
weapon
your
arsenal,
because
a
win
means
Request
discovery
early
and
in
writing.
That
way,
of Pennsylvania
held
that thecontinuance
pre-trial delay
Supreme
Court can
adopted
Pa.R.Crim.P.
RuleIt1100,
laterone
renumbered
discovery, any
required
willimpaired
be on litigate
this
issue
get
you
results.
is
only
discharge,
it is a potent
weapon
never
if the
to provide
theCommonwealth
defense
becausefails
aIffavorable
passedwith
away.the Rule
600, " to establish
definitive
period ofthat
time should
for a speedy
the prosecution.
you
havewitness
to requested
follow-up
weaponbein
your arsenal,a but
because
a win
means
overlooked.
trial violation. "
Bradford, 46 A.3d at 701 quoting Commonwealth
discovery,
any
required
will
be
on
The Supreme
Court continuance
concluded that
this
death of a
Commonwealth about discovery they have faileddischarge,
to v. Whitaker,
it is a467
potent
that176
should
Pa. 436,weapon
359 A.2d 174,
(1976) never
( " the
witnessyou
washave
the most
significant
impairment
thefavorable
prosecution.
follow-up
with
hand over,Ifbe
sure to to
memorialize
such the
requests be
in overlooked.
balancing test announced in Barker provides only the minimum
to the defense,about
and his presencethey
would
have
helped
NOTES:
Commonwealth
have
failed
to to
standards guaranteed by the Sixth and Fourteenth Amendments,
a writing
such asdiscovery
an
email.
45
1
The
defendant
refresh
the
defendant's
own
memory.
v. Mills, are
162not
A.3d
323 (Pa.to2017).
and ...Commonwealth
such minimum standards
adequate
provide
hand over, be sure to memorialize such requests in
2
NOTES:
" testified
that
[his]
memory
loss
has
prevented
him
U.S. ConSt
. Amend
. VI; PA. CONST.
art. 1, §guaranteed
9.
Pennsylvania
criminal
defendants
the
protection
*
If
a
continuance
is
required
due
to
the
a writing such as an email.
3
Commonwealth
v. DeBlase,
665
A.2d
427, 431 (Pa. 1995).
v. Mills,
162
A.3d 323
(Pa.
2017).
from recalling the circumstances of the alleged offense, 1 Commonwealth
constitution
of this
Commonwealth " ).
Commonwealth
v.
Commonwealth's failure of diligence, be sure to 2 by the
4
Barker
v.
Wingo,
407
U.S.
514,
530
(1972)
(articulating
the
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
Colon,
67
A.3d
352,
356
(Pa.
Super.
2014).
It
should
be
noted
that
the
bartender
who
could
have
testified
as
to
his
state
If a continuance
is required
due
the
put that on
the record
atto
the
time the continuance3 Commonwealth
constitutional
test);
Commonwealth
v.
Preston,
904
A.2d
v.
DeBlase,
665
A.2d
427,
431
(Pa.
1995).
since
Commonwealth
v.
Africa,
Pennsylvania
courts
have
used
of intoxication on
the date
of the crime,
and to
the name 4
Commonwealth's
failure
of
be
sure
10
Super.
Ct.
2006)
(the
testwhether
is anthe
entirely
v.1,
Wingo,
U.S.Barker
514,
530
(1972)
(articulating
the same
to (Pa.
test407
as the
court
to Barker
determine
the
is requested.
Even
if diligence,
the
judge
does
not as
rule
of
the
landlady's
son
who
could
have
testified
toin
his Barker
put thatyour
on the
record
at
the
time
the
continuance
separate
analysis
from
Rule
600
and
therefore
needs
to be
constitutional
right
to
a
speedy
trial
has
been
violated.
The
issue
constitutional
test);
Commonwealth
v.
Preston,
904
A.2d
havedate
at least
preserved
emotionalfavor,
state you
on the
of the
offense the
andissue
the for1, 10
separately).
may
beraised
ripe for
appeal
the current
(Pa.
Super.
Ct.
2006)under
(the Barker
test circumstances
is an entirely since the
is requested.
Even
if
the
judge
does
not
rule
in
appeal.
5
nature
of his relationship with the decedent. " 46
Supreme
Court did
recognize
limitation
their
ability
Pa.R.Crim.P.
Rule
600(2)(a);
see
also of
Commonwealth
separate
analysis
from
Rule
600the
and
therefore
needs
to beto
your favor, you have at least preserved the issue for
suspend
Rule 600890
in light
constitutional
guarantees.
v. Kearse,
A.2dof388,
395 (Pa. Super.
Ct. 2005) (no
raised
separately).
* All motions to dismiss pursuant to Rule 600 must be
6
appeal.
5
Commonwealth
v.need
Williams,
327
17 (Pa.
1974).
" prejudice "
be
to 15,
obtain
Rule
600 dismissal).
Pa.R.Crim.P.
Rule 600(2)(a);
seeshown
alsoA.2d
Commonwealth
Conclusion
7
made in writing.31 File your client's motion after thev. Kearse,
Commonwealth
Hailey,
A.2d
1261,
(Pa.
1977). the sole
While
Rulev.
600
has
more
definitive
time
period,
890 A.2d
388,
395 a368
(Pa.
Super.
Ct. 1266
2005)
(no
All motions
to dismiss
pursuant
to Rule
600
must
be rules " prejudice "
8
Commonwealth
v. shown
Smith,
Pa.
75 (1990).
focus
of Rule
600 is524
onobtain
the72,
action
of
the
Commonwealth.
need
be
to
Rule
600
dismissal).
365-day
period
has
elapsed.
If the
trial
judge
is File
keyyour
in all
our cases.
Preparing
early,
31
9
client's
motion
after
the
madePreparation
inagainst
writing.
Smith
at600
74.a has
Thus,
constitutional
argument
should
bethe
forwarded
While
Rule
a
more
definitive
time
period,
sole
you
and
subsequently
the
Commonwealth
when the witness's memory of the incident is fresh, will
10
78-79.
a delay
and that delay was
focusId.
ofatwhen
Rule
600
is onprejudices
the actionaofdefendant
the Commonwealth.
365-daycauses
periodanother
has elapsed.
If
the
trial
judge
rules
11
substantial
of delay,
file
allow us to have adequate
proofperiod
to build
a complete
v. Africa,
569 courts.
A.2d
920,
(Pa. 1990).
primarily caused
by the
Thus,Commonwealth
a constitutional
argument
should
be923
forwarded
against
and
subsequently
the
Commonwealth
12
6
record.
Prejudice
is bymotion
far the most
difficult
ofadditional
the factors when
Africa,
at
921.
ayou
new
Rule
600
based
on this
Pa.R.Crim.P.
Rulea600(D)(1).
a delay
prejudices
defendant and that delay was
causes
another
substantial
period
delay,
file
to meet
most important
factor
in prevailing
in an primarily caused by the courts.
timeand
andthe
litigate
it prior
toof
any
trial
to preserve
6
a new
Rule
600
motion
on the
this
additional
Rule 600(D)(1).
a motion
to dismiss.
Knowing
standards
Click
here to view and/or print the
objection
to the based
additional
time
period. and the Pa.R.Crim.P.
time
and
it prior
any trial
preserve
an
way
inlitigate
which the
factstohave
beento
applied
previously
full notes section for this article.
* of
Atstrategic
thethe
Rule
600 hearing,
the defense has
Click here to view and/or print the
are
importance.
objection
to
additional
time after
period.
made a prima facie showing that the defendant
full notes section for this article.
At the
600
hearing,
after
the
defense
has
AsRule
a
final
note,
the
absence
of
Rule
600
can
be
has not been brought to trial within 365 days,
made
athe
prima
facie
showing
that trial
the
daunting.
The
right
to a speedy
in
both the
United
Commonwealth
bears
the defendant
burden
of proving
hasStates
notthat
been
brought
to
trial
within
365
days,
Constitution
and
the
Pennsylvania
Constitution
they have nonetheless acted with diligence.
For the past 20 years, Ms. Stacey
be taken bears
away.the
These
protections
are the
thecannot
Commonwealth
burden
of proving
This means that
after the
defense
has made such
Steiner
has been
employed
Katherine
Ernst
is an as
remaining
mechanism
toacted
assertwith
our diligence.
clients' interests
that
they
have
nonetheless
an
attorney
by
the
Allegheny
apotentially
prima faciesecure
showing,
it isfreedom.
the Commonwealth
appellate attorney with the
their
We cannot
Thisand
means
that
after
the
defense
has
made
Katherine
CountyErnst
Office is
ofan
the Public
who
should
be
required
to
put
on
its such
evidence
anticipate
what
2021
will
bring,
but
if
2020
has
taught
Montgomery County Public
a primaand
facie
showing,
it
is
the
Commonwealth
Defender
representing
indigent
appellate
attorney
with
the
the we
defense
argue
after
the
us anything,
must should
prepareonly
for the
worst
and
hope
Defender's
Office.
She
who should
be
required
to
put
on
its
evidence
individuals
in
the
criminal
Montgomery County Public
Commonwealth
has done so. Essentially, a Rule 600
for the
best.
handles
appeals
from
and thehearing
defenseshould
shouldproceed
only argue
after
the
courts.
During
her time
at all
the
in form almost identically
Defender's
Office.
She
units,
juvenile
to
homicide,
Office of the Public Defender,
Commonwealth
has done
so. Essentially,
a Rule
600
to a suppression
hearing.
If the judge
asks
you
handles appeals from all
she
hasshe
served
three divisions,
NOTES:
and
alsoinformulates
hearing
should
proceed
in
form
almost
identically
to
argue
prior
toofthe
Commonwealth's
evidence,
1
units,
juvenile
to homicide,
The
April
28,
2020
Order
the
Pennsylvania
Supreme
Court
tried
countless
jury
and
nonjury
trials,
and
fought
for
to a suppression
hearing. you
If the
judge
asks
you argue
legal strategy for
pre-trial
it clear
could
possibly
(Nos. make
531 & 532)
gives that
broad discretion
tonot
administrative
judges
and
shetoalso
formulatesto juvenile
juveniles
charged
as
adults
be
transferred
to argue
to the
Commonwealth's
evidence,
and trial units. Katherine graduated Magna Cum
of each
individual
county
to client
extend until
the Judicial
Emergency
onprior
behalf
of
your
you
know
what the
legal
strategy
forDirector
pre-trial
court. She was named
as the
Deputy
of the Trial
make
itCommonwealth's
clearwas
that
you could
argue
Order
that
scheduled
to endnot
Junepossibly
1, 2020. By
doing so, they
Laude from Loyola Law School, New Orleans
evidence
of
diligence
is.
Division
in January
of 2013.
In MarchMagna
of 2020,Cum
she was
and
trial
units.
Katherine
graduated
also
have
the
power
to
extend
the
suspension
of
Rule
600
in
on behalf of your client until you know what the
in 2007
and wasofon
lawand
review.
Shefor
practiced
accordance with previous orders by the Supreme Court. A copy
named
the
Director
Policy
Training
the
office.
Laude from Loyola Law School, New Orleans
* If the Commonwealth
Commonwealth's
of appears
diligenceatis.the Rule 600
at Kaufman, Coren & Ress in Philadelphia out
of this Order can beevidence
found at http://www.pacourts.us/assets/files/
in 2007
and was
onadjunct
law review.
practiced
hearing and does
not
anyother
evidence
that
Ms. Steiner
is an
facultyShe
member
of Duquesne
page-1305/file-9158.pdf.
The
sitepresent
also includes
emergency
of law school,
and thereafter
did work
in the
If the
Commonwealth
appears at the
Rule 600
University Coren
School &
ofRess
Law in
where
she teaches
and
Philadelphia
out
ordersitfiled
duewith
to thediligence-for
pandemic.
acted
instance,
they did not at Kaufman,
intersection of horseracing law and §1983 for a
2
hearing
and does
present
any
that
Commonwealth
v.not
Hamilton,
297testify
A.2d evidence
127
supervises
in the Specialized
bring
in the
officer
to
to(Pa.
the1972).
attempts
made of law
school,students
and thereafter
did workCriminal
in the Defense
3
In Commonwealth
v. Hamilton,instance,
297 A.2d 127
at 130-133,
number
of
years
before
following
her passion
it acted
with
diligence-for
they
did
not
ExternshipofProgram.
She islaw
alsoand
a faculty
member
to findthe
and
apprehend
the defendant-argue
that intersection
horseracing
§1983
for a for the
they referred
matter
to the Criminal
Rules Committee to
for
indigent
criminal
defense.
bring inthey
the have
officer
to
testify
to
the
attempts
made
Public
Defenders
Association
of
Pennsylvania
not
metoftheir
because
the burdennumber of years before following her passiontraining
establish a definitive
period
time burden
for a speedy
trial violation:
to find
and
apprehend
the
defendant-argue
that
programs.
" The of
theory
behind
this type
of rule
is thatof
it eliminates
the and
proof
includes
the
burden
production
for indigent criminal defense.
inherent
vagueness
encompassed
in
any
balancing
process
and
they have
not met of
their
burden
the burden
Share this article
arguments
counsel
arebecause
not evidence.
it avoidsincludes
the necessity
a court determining
a violation
of proof
theofburden
of production
and of this
constitutional right on a case-by-case basis. " Id. at 132-33.
Share this article
arguments
of counsel
are569
not
evidence.
4
Commonwealth
v. Africa,
A.2d
920 (Pa. 1990).
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About
the
Author
About
the
Author

About the Author

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There does appear to be some dicta in caselaw that seems to

10

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For the Defense - Vol. 6, Issue 1

Table of Contents for the Digital Edition of For the Defense - Vol. 6, Issue 1
