For the Defense - Vol. 6, Issue 1 - 35

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Discuss this waiver with your client with the same
Using the strategy above, people both in and
NOTES:
Testimony
1 the strategy above, people both in and
Discuss this
waiver with
client
withthe
thewaiver
same of any Using
S.C.
Boos, Physical
Childhave
Abuse:
Recognition,
UptoDsuccess
ate, January
seriousness
youyour
would
discuss
outside
my office
had
tremendous
with
6,my
2020,
https://www.uptodate.com/contents/physical-child-abuse30the waiver of any
seriousness
you
would
discuss
outside
office
have
had
tremendous
success
with
constitutional
right. of my role as a medical
Rule 600 motions. Oftentimes, just making it plain
The
final responsibility
recognition/print.
30
2
constitutional
Rule 600
motions.
Oftentimes, just
making
it plain
Id.
to
the Commonwealth
that
you intend
to seriously
expert in aright.
case may be to testify at a deposition (civil
3
* Request discovery early and in writing. That way,
C.W.
Christian,
American
Academy
of
Pediatrics
Committee
to the Commonwealth
that
you
intend
to
seriously
cases)
or
trial.
When
preparing
for
a
deposition
or
thisand
issue
can The
getEvaluation
you results.
It is only
one
onlitigate
Child Abuse
Neglect,
of Suspected
Child
Request discovery
early and in writing.
That way,
the Commonwealth
fails to provide
requested
litigatePhysical
this
issue
can
get arsenal,
you
results.
Itbecause
is https://pubmed.ncbi.
only one
Abuse,
Pyour
ediatrics
, September
2015,
trial,ifgood
preparation is needed.
In addition
to my
weapon
in
but
a
win
means
if the Commonwealth
fails
to provide
requested
discovery, any
required
continuance
will be on
responsibility
in knowing
and
understanding
the
weapon4nlm.nih.gov/25917988/.
in
your arsenal,
because
a win
means
discharge,
it is abut
potent
weapon
that
should never
Id.
discovery,
any
required
continuance
will
be
on
the
prosecution.
If
you
have
to
follow-up
with
the
5
evidence used for the medical basis for my opinions,
Id.
discharge,
it
is
a
potent
weapon
that
should
never
be
overlooked.
6
the prosecution.
you
have
to follow-up
the time
Id.
Commonwealth
about
discovery
they have
failed
I have
foundIf it
important
to
spend with
sufficient
be to
overlooked.
7
Christian, American Academy of Pediatrics Committee
Commonwealth
about
they have
to for in onC.W.
withhand
the attorney
to understand
andfailed
prepare
over,
be discovery
sure
to memorialize
such
requests
Child Abuse and Neglect, The Evaluation of Suspected Child
NOTES:
handall
over,
be sure
to
memorialize
requests
Physical Abuse, Pediatrics, September 2015, https://pubmed.ncbi.
aspects
ofsuch
the
trial.
This such
includes
the in
facts of
a writing
as
an email.
1
NOTES:
nlm.nih.gov/25917988/.
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
the
case,
applicable
laws,
and
definitions
as
well
a writing such as an email.
8
1
Id.2 U.S. ConSt
. Amend
PA.323
CONST.
art. 1, § 9.
Commonwealth
v. Mills,
162. VI;
A.3d
(Pa. 2017).
If adefense
continuance
is required
dueimportant
to the
9
as* the
strategy.
It is also
to be 2
S.C.3 Commonwealth
Boos, Physical Child
Abuse: Recognition,
Upto431
Date(Pa.
, January
v.
DeBlase,
665
A.2d
427,
1995).
U.S.
C
onSt
.
A
mend
.
VI;
PA.
CONST.
art.
1,
§
9.
If a continuance
is required
due toofthe
6, 2020,
https://www.uptodate.com/contents/physical-child-abuseCommonwealth's
failure
diligence,the
be Judge,
sure to 3 Commonwealth
informed
about
the opposing
attorney,
4
Barkerv.v.DeBlase,
Wingo, 407
(articulating the
665 U.S.
A.2d514,
427,530
431(1972)
(Pa. 1995).
recognition/print.
Commonwealth's
failure
of
diligence,
and put
thethat
localon
legal
environment.
I sure
need
to know 4 Barker
10 v. Wingo,
the record
at the be
time
thetocontinuance
Commonwealth
v. Preston,
407 U.S.test);
514, 530
(1972) (articulating
the 904 A.2d
Id. constitutional
11
put that
on
the
record
at
the
time
the
continuance
Id. 1, 10test);
the strategy
and
style
of
the
prosecuting
attorney
(Pa. Commonwealth
Super. Ct. 2006) (the
Barker904
testA.2d
is an entirely
constitutional
v. Preston,
is requested. Even if the judge does not rule in
12
Id.Super.
separate
from
Ruletest
600isand
1, 10 13(Pa.
Ct. analysis
2006) (the
Barker
an therefore
entirely needs to be
and your
understand
the
legal
issues
and
tactics
that for
is requested.
Even
the
judge
not
rule in
favor,if you
have
atdoes
least
preserved
the issue
C.W. Christian, American Academy of Pediatrics Committee
raised
separately).
separate
analysis
from
Rule
600
and
therefore
needs
to be Child
may
be
utilized.
I
also
need
to
understand
any
on Child
Abuse and Neglect, The Evaluation of Suspected
your favor,
you have at least preserved the issue for
appeal.
5
Pa.R.Crim.P.
Rule ,600(2)(a);
alsohttps://pubmed.ncbi.
Commonwealth
raisedPhysical
separately).
Abuse, Pediatrics
Septembersee
2015,
potential
pitfalls
for
me,
and
the
legal
strategies
appeal.
5
nlm.nih.gov/25917988/.
v. Rule
Kearse,
890 A.2d
(Pa. Super. Ct. 2005) (no
Pa.R.Crim.P.
600(2)(a);
see388,
also395
Commonwealth
being
Thetoknowable
unknown
can 600
be very
14
* Allused.
motions
dismiss pursuant
to Rule
must be
Typically,
a Commonwealth
expertto
includes
child600
abuse
" prejudice "
be shown
obtain
dismissal).
v. Kearse,
890
A.2d
388,need
395 (Pa.
Super.
Ct.
2005)aRule
(no
31
All motions
to dismiss
pursuant
to Rule
600 must
be after the
provider
who
examines
the
child
near
the
time
when
the abuse
important.
File your
client's
motion
made
in		
writing.
While
Rule
600 has
aobtain
more definitive
time period,
the sole
" prejudice "
need
be
shown
to
Rule
600
dismissal).
reported to authorities.
31
File your
motion
the rulesWhile15was
made in writing.
of
Rule
600definitive
is on the time
action
of theChild
Commonwealth.
Rule
600 has
a more
period,
the
sole
365-day period
hasclient's
elapsed.
If the after
trial judge
S.C.focus
Boos,
Differential
Diagnosis
of Suspected
Abuse,
For
medical
experts,Ifassisting
defense
a is
constitutional
should be forwarded
on the actionargument
of the Commonwealth.
ptoRule
DThus,
ate, 600
2020,
https://www.uptodate.com/contents/differential365-day
period
has
the trial judge
rulescounsel focusUof
against
youelapsed.
and subsequently
the
Commonwealth
diagnosis-of-suspected-child-physical-abuse/print#!.
when
a
delay
prejudices
a
defendant
and that delay was
Thus,
a
constitutional
argument
should
be
forwarded
during
a
criminal
trial
is
not
our
or
testifying
against you
andanother
subsequently
the Commonwealth
causes
substantial
period of delay, file when16aId.
primarily
caused
by the courts.
delay
prejudices
a defendant
and that delay was
natural
and
usual
arena.
Attorneys
and
physicians
causes another
periodbased
of delay,
fileadditional primarily 6caused
new substantial
Rule
600differently
motion
on this
Pa.R.Crim.P.
600(D)(1).
by theRule
courts.
are atrained
very
in approaching
and 6
a new Rule
600
motion
based
on
this
additional
Pa.R.Crim.P. Rule 600(D)(1).
time
and
litigate
it
prior
to
any
trial
to
preserve
an
analyzing cases in their respective fields. For me,
time being
andobjection
litigate
it to
prior
any trialato
preserve
Click here to view and/or print the
theto
additional
time
period.an
fully prepared
includes
full
understanding
Click
here
viewsection
and/orfor
print
the
objection
to
the
additional
time
period.
full to
notes
this
article.
of all aspects of a trial. I have found it helpful in
* At the Rule 600 hearing, after the defense has
full
notes
section
for
this
article.
other
types
of
medical
expert
cases
to
have
mock
At the Rule
600ahearing,
after
the defense
has defendant
prima facie
that the
crossmade
examinations
to showing
help understand
how the
made a prima
facie
showing
that the
has not
been
brought
trialdefendant
within
days,
opposing
attorney
may to
approach
me365
and
the
has not
been
brought to trial
withinthe
365burden
days,
the
Commonwealth
bears
of proving
case.
Furthermore,
understanding
trial rules
and
the Commonwealth
bears
the burden
of proving
that theymay
have
nonetheless
acted
with
diligence.
procedures
provide
additional
assistance
to
Jeffrey Bomze, MD, FAAP is a
that me.
theyThis
have
nonetheless
acted
with
diligence.
Good
preparation
a medical
expert,
means
that afterofthe
defense
has
madeeven
such
board-certified
Katherinepediatrician
Ernst is an
This means
that after
the
defense
has
made
such Being
experienced
ones,
greatly
assists
them.
a prima
facie
showing,
it is
the
Commonwealth
Katherine
Ernst
an of with the
withappellate
nearly
35isattorney
years
prepared
for any
ofto question,
including
a prima
facie
istype
the Commonwealth
pediatric
practice
experience,
who showing,
should
beitrequired
put on its evidence
appellate
attorney
with
the Public
Montgomery
County
credentials
and
background,
helps
avoid
potential
who should
be
required
to
put
on
its
evidence
including
owing
his
own
and the defense should only argue after the
Montgomery
CountyOffice.
PublicShe
Defender's
pitfalls
andshould
possible
inconsistent
or confusing
practice
in the Philadelphia
and the
defense
only
after
the
Commonwealth
has argue
done so.
Essentially,
a Rule 600
Defender's
Office.
She of
responses tohas
thedone
jury.so. Essentially, a Rule 600
handles
appeals
from
suburbs.
A graduate
The all
Commonwealth
hearing should
proceed in form almost identically
handles
appeals
from
all
University
Pennsylvania
School
units,
juvenile
to
homicide,
hearing should
proceed inhearing.
form almost
to a suppression
If theidentically
judge asks you
Medicine,
he
completed
Summary
units,of
juvenile
to
homicide,
and she also formulates
to a suppression
theCommonwealth's
judge asks you evidence,
to arguehearing.
prior toIfthe
his also
pediatric
residency at
and she
formulates
legal
strategy
for of
pre-trial
to argue
prior
to
the Commonwealth's
evidence,
the University of North Carolina
and
had a year
it clear
that you
possibly
argue
It make
is essential
from
thecould
first not
contact
between
legal
strategy
for
pre-trial
and
trial
units.
Katherine
graduated
Magna
makedefense
it clear
that
you
could
possibly
fellowship training in pediatric infectious diseases at Cum
counsel
andclient
anot
child
expert
that
on behalf
of your
untilabuse
youargue
know
what
the
and
trial Laude
units.
Katherine
graduated
Magna
Baylor
College
of Medicine
in Houston.
Over
the
last
from
Loyola
Law
School,
NewCum
Orleans
on behalf
of
youraclient
you know
what
bothCommonwealth's
have
clearuntil
understanding
of the
theis.needs
evidence
of diligence
several
years,
he
has
been
a
pediatric
medical
expert
in
Laude
from
Loyola
Law
School,
New
Orleans
and expectations
of each
party. Case
Commonwealth's
evidence
of diligence
is. reviews and
in 2007 and was on law review. She practiced
several
types
of
legal
cases
around
the
country,
including
*
If
the
Commonwealth
appears
at
the
Rule
600
was on law
review.
Sheinpracticed
the steps leading to potential trials have many in 2007 and
at Kaufman,
Coren
& Ress
Philadelphia out
medical malpractice, child abuse, personal injury, drug
If thecomponents
Commonwealth
appears
at the
Rule
hearing and
does
not
present
any
evidence
that at Kaufman,
through
each
phase
of600
the process.
Coren
&
Ress
in
Philadelphia
out
of
law
school,
and
thereafter
did
work
in the
and product liability and family law. He
has
published
hearing
and
doeswith
not present
any
evidence
Being
responsive,
making
records
andthat
documents
it acted
diligence-for
instance,
they did notof law school, and thereafter did work in the
several
articles andof
wrote
a chapterlaw
on head
injuriesfor
in a
intersection
horseracing
and §1983
it acted
with
instance,
they
didattempts
not legal
available
asthe
well
as sharing
relevant
bringdiligence-for
in
officer
to testifythe
to the
made
intersection
of
horseracing
law
and
§1983
for
a
children
in
a
book
for
lawyers
published
by
the
PBI.
He
number of years before following her passion
places
the to
medical
expert made
in the best
bringperspectives
in the
officer
toapprehend
testify
the
to find
and
the attempts
defendant-argue
thatnumber
has lectured
and
been following
interviewedher
on passion
TV about a variety
of
before
foryears
indigent
criminal defense.
position
to formulate
opinions,
reports
to find
and
apprehend
the defendant-argue
that
they
have
not met
their
burdenproduce
because
the burden
of pediatric topics, including child abuse.
for indigent criminal defense.
testify.
they and
haveof
not
metincludes
their burden
because
burden and
proof
the burden
of the
production
of proof arguments
includes theofburden
production
and
Share this article
counselofare
not evidence.
Share this article
arguments of counsel are not evidence.
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Vol. 4, Issue 4 l For The Defense
9
6,4Issue
l For
The Defense
35
Vol. 4,Vol.
Issue
Defense
9
l For1The
https://www.uptodate.com/contents/physical-child-abuse-recognition/print https://www.uptodate.com/contents/physical-child-abuse-recognition/print https://pubmed.ncbi.nlm.nih.gov/25917988/ https://pubmed.ncbi.nlm.nih.gov/25917988/ https://pubmed.ncbi.nlm.nih.gov/25917988/ https://pubmed.ncbi.nlm.nih.gov/25917988/ https://www.uptodate.com/contents/physical-child-abuse-recognition/print https://www.uptodate.com/contents/physical-child-abuse-recognition/print https://pubmed.ncbi.nlm.nih.gov/25917988/ https://pubmed.ncbi.nlm.nih.gov/25917988/ https://www.uptodate.com/contents/differential-diagnosis-of-suspected-child-physical-abuse/print# https://www.uptodate.com/contents/differential-diagnosis-of-suspected-child-physical-abuse/print# https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021/src/PACDL_Magazine_notes_how_can_i_best_assist_you.final.pdf
For the Defense - Vol. 6, Issue 1

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