For the Defense - Vol. 6, Issue 1 - 20

we discussed was the reputation Justice Ginsburg

Discuss
this waiver with your client with the same
Using the strategy above, people both in and
had earned for her many dissenting opinions. As she
seriousness
youroutinely
would discuss
the waiver
of any
had done
whenever
I brought
someone tooutside my office have had tremendous success with
30
constitutional
chambers, right.
she showed
us her " dissent jabot, " theRule 600 motions. Oftentimes, just making it plain
decorative collar she wore in open court whenever sheto the Commonwealth that you intend to seriously
* Request
discovery
early
and
writing.
That
way,
was about
to read
one
of in
her
dissents.
Justice
Ginsburglitigate this issue can get you results. It is only one
if the
Commonwealth
fails to provide
requested
knew
of the many dissents
I had issued
during my time
on Commonwealth
Court an apparent
" record " (inweapon in your arsenal, but because a win means
discovery,
any required continuance
will be on
my last year)Iffor
any
appellate
judge with
in thethe
country.discharge, it is a potent weapon that should never
the prosecution.
you
have
to follow-up
I thanked her for teaching me, through her dissents,be overlooked.
Commonwealth
discovery
theyand
have
failedthat
to the
the value of about
an opposing
voice,
noted
handPennsylvania
over, be sureSupreme
to memorialize
such
requestscited
in my
Court had
favorably
NOTES:
dissent
in more
than seventy percent of these cases 1
a writing
such
as an email.
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it reviewed on allocatur. Justice Ginsburg smiled, and
* If a continuance
required
due to She
the continued: " I have
said: " I don't is
have
that luxury! "
to wait for a new
Supreme
Court opinion
hope that
Commonwealth's
failure
of diligence,
be sureorto
Congress
passes
a
new
statute! "
put that on the record at the time the continuance

is requested. Even if the judge does not rule in
Indeed, one of the most important dissents Justice
yourGinsburg
favor, you
have
at least
the Congressional
issue for
ever
issued
waspreserved
catalyst for
appeal.
action. In Ledbetter v. Goodyear, 550 U.S. 618 (2007),
and drawing on her noted career as a gender rights

234/194/56

Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2
U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
3
Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
4
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
constitutional test); Commonwealth v. Preston, 904 A.2d
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
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, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
" prejudice " need be shown to obtain Rule 600 dismissal).
While Rule 600 has a more definitive time period, the sole
focus of Rule 600 is on the action of the Commonwealth.
Thus, a constitutional argument should be forwarded
when a delay prejudices a defendant and that delay was
primarily caused by the courts.
6
Pa.R.Crim.P. Rule 600(D)(1).
HEXIDECIMAL

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* All motions
toshe
dismiss
pursuant
Rule 600 dismissal
must be of a
advocate,
challenged
thetoMajority's
31
Filediscrimination
your client's motion
after theeven
made
in writing. pay
gender-based
case as untimely
though
the has
claimant
filed
as soon
as sherules
discovered
365-day
period
elapsed.
If the
trial judge
the
discrimination.
As
Justice
Ginsburg
announced
against you and subsequently the Commonwealth her
dissent
fromsubstantial
the bench on
behalf
the colleagues
who
causes
another
period
ofofdelay,
file
joined her, she said: " In our view, the court does not
a new
Rule 600 motion
based on this
additional
comprehend
or is indifferent
to the
insidious way in
11
timewhich
and litigate
it
prior
to
any
trial
to
preserve an
women can be victims of pay discriminations. "
Click here to view and/or print the
to thethe
additional
period.
ameobjectionUsing
strategy time
above,
people both in and
Although
the
Court
may
not
have
" comprehended, "
ny
outside my office have had tremendous success with full notes section for this article.
* At the
Rule 600
hearing,
defense
has
Judge Cosgrove holds a BA in
Congress
certainly
did.after
In onethe
of his
first acts
as president,
Rule 600 motions. Oftentimes, just making it plain
made
a prima
faciesigned
showing
Barack
Obama
intothat
lawthe
thedefendant
Lilly Ledbetter Fair
Government and International
toAct
the Commonwealth
that you
intend toGinsburg
seriously
Pay
2009, which
enacted
beenofbrought
to trial
withinwhat
365 Justice
days,
Studies, an MA in Theology,
way, has not
litigatethe
thisSupreme
issue can
get should
you results.
It is only one
thought
Court
have
recognized
in
and a JD from the University
ed the Commonwealth bears the burden of proving
the
first place.
This arsenal,
was of such
to her
that
weapon
in your
but importance
because a win
means
of Notre Dame. He also holds
they have nonetheless acted with diligence.
n thatJustice
Ginsburg
a signed
copy of
the
Act framed
discharge,
it is had
a potent
weapon
that
should
never
an MA in Studio Art from
means
that after
thewall,
defense
has made
suchproud to
h theThis and
Katherine Ernst is an
on her
something
she was
bemounted
overlooked.
Marywood University. Prior
showing,
is the Commonwealth
showfacie
to visitors.
Anitinteresting
and ironic turn in this
led atoprima
appellate attorney with the
to assuming the bench, Judge
life,required
that a framed
ofevidence
work from another
whooperatic
should be
to putcopy
on its
sts in
Montgomery
NOTES:
Cosgrove County
served asPublic
public
branch
of
government,
rather
than
a
copy
of
one
of
and the 1defense should only argue after the
Defender's
Office.
defender for more than
two decades.
HeShe
was appointed
her colleague's
opinions,
hold
an honored
Commonwealth
v. Mills,would
162 A.3d
323such
(Pa. 2017).
Commonwealth
has
done so. Essentially, a Rule 600
2
U.S.
ConSt
. Amend. VI; PA. CONST. art. 1, § 9.
place
in her
chambers.
handles
appeals
from
all
to a seat on the Court
of Common
Pleas
of Luzerne
hearing3should
proceed
form almost
Commonwealth v.in
DeBlase,
665 A.2didentically
427, 431 (Pa. 1995).
County, later servingunits,
as counsel
to the
juvenile
to Administrative
homicide,
to
4
v. Wingo,
407IfU.S.
514,
530And
(1972)
(articulating
the
to a suppression
hearing.
the
judge
asks
you
Yes,Barker
indeed,
she loved
opera.
as
the curtain
Office
of
Pennsylvania
Courts
as
well
as
Chief Counsel
and she also formulates
uance dropped
test);
Commonwealth
v.hard
Preston,
A.2d
ontoher
opus, it isevidence,
not 904
to hear
to argue constitutional
prior
theremarkable
Commonwealth's
to
the
Supreme
Court
of
Pennsylvania.
Judge
Cosgrove
1, 10 (Pa.
Super.ofCt.the
2006)
(the
Barker
is an entirely
n
legal strategy for pre-trial
the
sweet
strains
diva
echo
hertest
summons
to a
make
it clear
that
you
could
not
possibly
argue
served
an
appointed
term
on
Commonwealth
Court and
separate
from
Rule 600
therefore needs to be
ue for nation
to liveanalysis
up to its
promise
of and
justice.
and trial units. Katherine graduated Magna Cum
on behalfraised
of
your
client until
you know
what the
separately).
has taught Constitutional Law at King's College in Wilkes
5
Laude
from
Loyola
Law
New
Pa.R.Crim.P.
Rule 600(2)(a);
see also Commonwealth
Commonwealth's
evidence
of
diligence
is.
Barre
since
1988. A
pastSchool,
president
of Orleans
the Pennsylvania
Ruth
Bader Ginsburg - may her memory be a blessing.
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
in
2007
and
was
on
law
review.
She
practiced
Association of Criminal Defense Lawyers,
Judge Cosgrove
ust be NOTES:
" prejudice " need
be shown
obtain
* If the Commonwealth
appears
atto
the
RuleRule
600600 dismissal). at Kaufman, Coren & Ress in Philadelphia out
is
also
a
member
of
the
Screen
Actors
Guild,
having
er the
While
Rulenot
600 present
has a more
definitive
timethat
period, the sole
hearing
and
does
any
evidence
1
appeared
in and
several
films as well
portraying
of law
school,
thereafter
did as
work
in the a lawyer
https://www.kennedy-center.org/wno/home/about/rbg/
(last
focus of Rule 600 is on the action of the Commonwealth.
rules
it acted
with
diligence-for
instance,should
they did
not
visited
October
14, 2020).
in
a
number
of
episodes
of
NBC-TV's
The
West
He
Thus,
a
constitutional
argument
be
forwarded
intersection
of
horseracing
law
and
§1983
for Wing.
a
ealth 2 https://www.thecrimson.com/article/1993/7/23/ginsburg-blastsbring in the
officer
testify to
the attempts
made
when
a delaytoprejudices
a defendant
and that
delay was
is
currently
a
partner
in
the
Kingston,
PA
firm
Selingo
number of years before following her passion
e
harvard-law-pin-testimony/
(last
viewed January 18, 2021).
primarily
caused by
courts.
to find
and
apprehend
thethe
defendant-argue
that
Guagliardo LLC.
3
6
Id.
for indigent criminal defense.
al
Rule 600(D)(1).
they havePa.R.Crim.P.
not met their
burden because the burden
ve an
of proof includes the burden of production and
Click here to view and/or print the
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arguments of counsel are not evidence.
full notes section for this article.
s
nt
20
For The Defense l Vol. 6, Issue 1
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234/194/56

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234/194/56

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#153A5B

#EAC137

https://www.kennedy-center.org/wno/home/about/rbg/ https://www.thecrimson.com/article/1993/7/23/ginsburg-blasts-harvard-law-pin-testimony/ https://www.thecrimson.com/article/1993/7/23/ginsburg-blasts-harvard-law-pin-testimony/ https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021/src/PACDL_Remembering_RBG_FINAL.pdf

For the Defense - Vol. 6, Issue 1

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