For the Defense - Vol. 8, Issue 3 - 13

Discuss this waiver with your client with the same
seriousness you would discuss the waiver of any
constitutional right.30
* Request discovery early and in writing. That way,
if the Commonwealth fails to provide requested
discovery, any required continuance will be on
the prosecution. If you have to follow-up with the
Commonwealth about discovery they have failed to
hand over, be sure to memorialize such requests in
a writing such as an email.
* If a continuance is required due to the
Commonwealth's failure of diligence, be sure to
put that on the record at the time the continuance
is requested. Even if the judge does not rule in
your favor, you have at least preserved the issue for
appeal.
365-day period has elapsed. If the trial judge rules
against you and subsequently the Commonwealth
causes another substantial period of delay, file
a new Rule 600 motion based on this additional
time and litigate it prior to any trial to preserve an
objection to the additional time period.
the first chess-playing expert system to defeat a reigning world
champion. While this was a significant accomplishment, we
humans found solace in the fact that it required a massive
supercomputer to accomplish such a task. However, by 2009,
a chess engine running on humble hardware, such as a smart
mobile phone, achieved grandmaster-level performance and
won a category 6 tournament with a rating of 2898. Today,
since Deep Blue's groundbreaking achievement in 1997,
computers have made significant advancements, far surpassing
human capabilities.10
Using the strategy above, people both in and
outside my office have had tremendous success with
Rule 600 motions. Oftentimes, just making it plain
to the Commonwealth that you intend to seriously
litigate this issue can get you results. It is only one
weapon in your arsenal, but because a win means
discharge, it is a potent weapon that should never
be overlooked.
passes-bar-exam (last visited July 12, 2023).
3
html (last visited July 12, 2023).
4
PANTONE
lawyers-a-5-000-fine (last visited July 12, 2023).
5
2955C
CMYK
* All motions to dismiss pursuant to Rule 600 must be
made in writing.31
Even with limited information and without the benefit of a
crystal ball, it remains apparent that AI-powered legal chatbots
are on the cusp of revolutionizing the legal profession,
transforming legal research, and writing in profound ways.
In my opinion, this advancement has the potential to reduce
the emphasis on being a " great legal writer. " Instead, lawyers
adept at leveraging and prompting the best results generated
by AI will be in high demand. This skill will be distinct and
independent from the capability to write. Undoubtedly, this
technology will impact the staffing of paralegals and litigation
support staff in firms of all sizes.
File your client's motion after the
* At the Rule 600 hearing, after the defense has
made a prima facie showing that the defendant
has not been brought to trial within 365 days,
the Commonwealth bears the burden of proving
that they have nonetheless acted with diligence.
This means that after the defense has made such
a prima facie showing, it is the Commonwealth
who should be required to put on its evidence
and the defense should only argue after the
Commonwealth has done so. Essentially, a Rule 600
hearing should proceed in form almost identically
to a suppression hearing. If the judge asks you
to argue prior to the Commonwealth's evidence,
make it clear that you could not possibly argue
on behalf of your client until you know what the
Commonwealth's evidence of diligence is.
PANTONE
2955C
7406C
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9/22/91/0
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At the time of writing, this technology continues to evolve,
and AI chatbots like ChatGPT and Lexis+ AI continue to improve.
They are poised to become increasingly integrated into the
legal profession. While human legal professionals will always
be essential for expert analysis and advice, the ability to access
advanced AI tools like these will enable legal professionals
to work with unprecedented efficiency, effectiveness, and
creativity.
One of the numerous positive aspects of this technology is
its potential to greatly expand the delivery of legal services
to various unrepresented and underserved populations. This
technology holds the capacity to revolutionize legal selfhelp
centers and streamline the preparation of expungement
petitions, pardons applications, wills, and guardianship
agreements. By leveraging this technology, the delivery of
legal assistance can be scaled up significantly, benefiting a
broader range of individuals who currently lack access to
adequate legal support.
* If the Commonwealth appears at the Rule 600
hearing and does not present any evidence that
it acted with diligence-for instance, they did not
bring in the officer to testify to the attempts made
to find and apprehend the defendant-argue that
they have not met their burden because the burden
of proof includes the burden of production and
arguments of counsel are not evidence.
NOTES:
1
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234/194/56
HEXIDECIMAL
Pablo Arredondo, GPT-4 Passes the Bar Exam: What That Means
for Artificial Intelligence Tools in the Legal Profession, Stanford
Law SchooL LegaL BLog, LegaL aggregate (Apr 19, 2023), https://law.
stanford.edu/2023/04/19/gpt-4-passes-the-bar-exam-what-thatmeans-for-artificial-intelligence-tools-in-the-legal-industry/
(last
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#EAC137
visited July 12, 2023).
2
Daniel Martin Katz, GPT-4 Passes the Bar Exam, ILLInoIS InStItute
Vol. 4, Issue 4 l For The Defense 9
Vol. 8, Issue 3 l For The Defense 13
As we embrace this new era, legal professionals must
adapt and leverage the capabilities of AI tools to work with
unprecedented efficiency, effectiveness, and creativity. With
the right balance between human expertise and AI assistance,
the future of the legal profession looks both monumental and
disruptive, opening exciting possibilities for legal professionals
and their clients alike.
NOTES:
1
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
HEXIDECIMAL
#153A5B
#EAC137
up-2023-05-31/ (last visited July 12, 2023).
6
3 Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
4
donotpay.com/about/ (last visited July 12, 2023).
7
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).
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).
5
lawyer-donotpay-2023-03-09/ (last visited July 12, 2023).
8
July 12, 2023).
9
About the Author
Click here to view and/or print the
full notes section for this article.
About the Author
Judge Brantley Starr, Judge Specific Requirements, United
States District Court: Northern District of Texas, https://www.
txnd.uscourts.gov/judge/judge-brantley-starr (last visited July
12, 2023); Jacqueline Thomsen, U.S. judge orders lawyers to
sign AI pledge, warning chatbots 'make stuff up, " reuterS (JUN
2, 2023, 1:17 PM), https://www.reuters.com/legal/transactional/
us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff90/78/39/30
RGB
9/22/91/0
22/58/92
234/194/56
DoNotPay,
Your AI Consumer Champion, DoNotPay, https://
Sara Merken, Lawsuit pits class action firm against 'robot
lawyer' DoNotPay, reuterS (Mar 9, 2023; 3:10 PM), https://www.
reuters.com/legal/lawsuit-pits-class-action-firm-against-robotPress
Release, LexisNexis Announces Launch of Lexis+ AI
Commercial Preview, Most Comprehensive Global Legal
Generative AI Platform, LexISnexIS (May 4, 2023) https://www.
lexisnexis.com/community/pressroom/b/news/posts/lexisnexisannounces-launch-of-lexis-ai-commercial-preview-mostcomprehensive-global-legal-generative-ai-platform
(last visited
Matt Reynolds, Lexisnexis Announces New Generative
Artificial Intelligence Platform, ABA Journal (MAY 5, 2023,
9:54 AM), https://www.abajournal.com/web/article/lexisnexisannounces-new-generative-ai-platform-lexis-ai#:~:text=This%20
week%2C%20Thomson%20Reuters%2C%20parent%20
of%20the%20Westlaw,generative%20AI%20into%20its%20
products%20later%20this%20year.
(last visited July 12, 2023).
10
IBM, Deep Blue Overview, https://www.ibm.com/ibm/history/
ibm100/us/en/icons/deepblue/ (last visited July 12, 2023).
Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
7406C
of technoLogy (Mar 15, 2023), https://www.iit.edu/news/gpt-4Benjamin
Weiser, Here's What Happens When Your Lawyer
Uses ChatGPT, N.Y. tImeS (May 27, 2023, 9:17 AM), https://www.
nytimes.com/2023/05/27/nyregion/avianca-airline-lawsuit-chatgpt.
Bob Van Voris, Phony ChatGPT Brief Leads to $5,000 Fine for
NY Lawyers, BLoomBerg Law (Jun 22, 2023, 3:21 PM) https://news.
bloomberglaw.com/esg/chatgpt-phony-legal-filing-case-getsand
trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
Share this article
Samuel G. Encarnacion is
the First Assistant Public
Defender of Lancaster
County. Since 1993, Sam
has been with the Lancaster
County Public Defender's
Office where he represents
clients in criminal cases.
Since 2003, Sam has been an
instructor at the Pennsylvania
Public Defender Trial Skills Training Program held
annually at Penn State Dickinson School of Law. From
2009 until 2015, Sam was a member of the Supreme
Court of Pennsylvania Committee on Rules of Evidence.
He served as chair of the committee from 2014 to 2015.
https://www.iit.edu/news/gpt-4-passes-bar-exam https://www.iit.edu/news/gpt-4-passes-bar-exam https://www.nytimes.com/2023/05/27/nyregion/avianca-airline-lawsuit-chatgpt.html https://www.nytimes.com/2023/05/27/nyregion/avianca-airline-lawsuit-chatgpt.html https://www.nytimes.com/2023/05/27/nyregion/avianca-airline-lawsuit-chatgpt.html https://news.bloomberglaw.com/esg/chatgpt-phony-legal-filing-case-gets-lawyers-a-5-000-fine https://news.bloomberglaw.com/esg/chatgpt-phony-legal-filing-case-gets-lawyers-a-5-000-fine https://news.bloomberglaw.com/esg/chatgpt-phony-legal-filing-case-gets-lawyers-a-5-000-fine https://www.txnd.uscourts.gov/judge/judge-brantley-starr https://www.txnd.uscourts.gov/judge/judge-brantley-starr https://www.reuters.com/legal/transactional/us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff-up-2023-05-31/ https://www.reuters.com/legal/transactional/us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff-up-2023-05-31/ https://www.reuters.com/legal/transactional/us-judge-orders-lawyers-sign-ai-pledge-warning-they-make-stuff-up-2023-05-31/ https://donotpay.com/about/ https://donotpay.com/about/ https://www.reuters.com/legal/lawsuit-pits-class-action-firm-against-robot-lawyer-donotpay-2023-03-09/ https://www.reuters.com/legal/lawsuit-pits-class-action-firm-against-robot-lawyer-donotpay-2023-03-09/ https://www.reuters.com/legal/lawsuit-pits-class-action-firm-against-robot-lawyer-donotpay-2023-03-09/ https://www.lexisnexis.com/community/pressroom/b/news/posts/lexisnexis-announces-launch-of-lexis-ai-commercial-preview-most-comprehensive-global-legal-generative-ai-platform https://www.lexisnexis.com/community/pressroom/b/news/posts/lexisnexis-announces-launch-of-lexis-ai-commercial-preview-most-comprehensive-global-legal-generative-ai-platform https://www.lexisnexis.com/community/pressroom/b/news/posts/lexisnexis-announces-launch-of-lexis-ai-commercial-preview-most-comprehensive-global-legal-generative-ai-platform https://www.lexisnexis.com/community/pressroom/b/news/posts/lexisnexis-announces-launch-of-lexis-ai-commercial-preview-most-comprehensive-global-legal-generative-ai-platform https://www.abajournal.com/web/article/lexisnexis-announces-new-generative-ai-platform-lexis-ai#:~:text=This%20week%2C%20Thomson%20Reuters%2C%20parent%20of%20the%20Westlaw,generative%20AI%20into%20its%20products%20later%20this%20year https://www.abajournal.com/web/article/lexisnexis-announces-new-generative-ai-platform-lexis-ai#:~:text=This%20week%2C%20Thomson%20Reuters%2C%20parent%20of%20the%20Westlaw,generative%20AI%20into%20its%20products%20later%20this%20year https://www.abajournal.com/web/article/lexisnexis-announces-new-generative-ai-platform-lexis-ai#:~:text=This%20week%2C%20Thomson%20Reuters%2C%20parent%20of%20the%20Westlaw,generative%20AI%20into%20its%20products%20later%20this%20year https://www.abajournal.com/web/article/lexisnexis-announces-new-generative-ai-platform-lexis-ai#:~:text=This%20week%2C%20Thomson%20Reuters%2C%20parent%20of%20the%20Westlaw,generative%20AI%20into%20its%20products%20later%20this%20year https://www.abajournal.com/web/article/lexisnexis-announces-new-generative-ai-platform-lexis-ai#:~:text=This%20week%2C%20Thomson%20Reuters%2C%20parent%20of%20the%20Westlaw,generative%20AI%20into%20its%20products%20later%20this%20year https://www.ibm.com/ibm/history/ibm100/us/en/icons/deepblue/ https://www.ibm.com/ibm/history/ibm100/us/en/icons/deepblue/ https://law.stanford.edu/2023/04/19/gpt-4-passes-the-bar-exam-what-that-means-for-artificial-intelligence-tools-in-the-legal-industry/ https://law.stanford.edu/2023/04/19/gpt-4-passes-the-bar-exam-what-that-means-for-artificial-intelligence-tools-in-the-legal-industry/ https://law.stanford.edu/2023/04/19/gpt-4-passes-the-bar-exam-what-that-means-for-artificial-intelligence-tools-in-the-legal-industry/

For the Defense - Vol. 8, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 3

Contents
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