For the Defense - Vol. 8, Issue 3 - 60

Discuss this waiver with your client with the same
seriousness you would discuss the waiver of any
constitutional right.30
NOTES:
1
bill/110th-congress/house-bill/1593.
2
* 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.
uscourts.gov/sites/default/files/75_2_11_0.pdf.
4
Vance, supra note 3.
* 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.
6
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.
Prevention?, 38 crIm. JuSt. & Behv. 735 (2011).
7
Bonta & Andrews, supra note 6.
Jennifer L. Skeem et al., Applicability of the Risk-NeedResponsivity
Model to Persons with Mental Illness Involved in the
8
Criminal Justice System, 66 pSychIatrIc Serv. 916 (2015).
9
thomaS J. d'zurILLa & arthur m. nezu, proBLem-SoLvIng therapy
& pSych. 271 (Brian Bornstein & Monica Miller, eds., 2016).
11
See H.R.1593 - 110th Congress (2007-2008): Second Chance Act
of 2007, H.R.1593, 110th Cong. (2008), https://www.congress.gov/
Kirk Heilbrun et al., Community-Based Alternatives for JusticeInvolved
Individuals with Severe Mental Illness, 39 crImInaL JuStIce
and BehavIor 351 (2012).
3
Stephen E. Vance, Federal Reentry Court Programs: A Summary
of Recent Evaluations, 75 fed. proB. 2, 110 (2011), https://www.
Kristin B. Parker, The Missing Pieces in Federal Reentry Courts:
A Model for Success, 8 drexeL L. rev. 397 (2016).
5
* All motions to dismiss pursuant to Rule 600 must be
made in writing.31
See Donald A. Andrews et al., The Recent Past and Near Future
of Risk and/or Need Assessment, 52 crIme & deLInquency (2006);
James Bonta & Donald A. Andrews, Risk-Need-Responsivity
Model for Offender Assessment and Rehabilitation, puBLIc Safety
canada (2007), https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rsknd-rspnsvty/rsk-nd-rspnsvty-eng.pdf;
donaLd a. andrewS & JameS
Bonta, the pSychoLogy of crImInaL conduct (5th ed. 2010); Donald
A. Andrews et al., The Risk-Need-Responsivity (RNR) Model: Does
Adding the Good Lives Model Contribute to Effective Crime
File your client's motion after the
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.
About the Authors
Heidi Zapotocky, MS is a 4th-year
PhD student at Drexel University.
She received her Master of
PANTONE
2955C
CMYK
7406C
90/78/39/30
NOTES:
1
RGB
9/22/91/0
22/58/92
234/194/56
HEXIDECIMAL
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
#153A5B
#EAC137
3 Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
4
Science in Psychology from Drexel
University in 2021, and her BS
with Honors in Psychology from
Drexel University in 2020. She is
currently a coordinator for the
Drexel Reentry Project, along
with Kellie Wiltsie and Chelsea
Jackson. Her research interests
include increasing continuity
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).
Mark W. Lipsey et al., Effects of Cognitive-Behavioral Programs
for Criminal Offenders, 3 campBeLL SyStematIc rev. 1 (2007).
10
* 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.
ServiceCase_Management_Inventory.
12
In handBook of cognItIve-BehavIoraL therapIeS 197 (K.S Dobson,
ed., 2010); Kirk Heilbrun et al., Risk-Reducing Interventions for
Justice-Involved Individuals: A Critical Review, in 2 advanceS In Law
See Andrews et al. supra note 7; donaLd a. andrewS et aL., the
LeveL of ServIce/caSe management Inventory (LS/CMI) (2004), https://
www.researchgate.net/publication/240627651_The_Level_of_
William R. Miller, The Evolution of Motivational Interviewing,
Behv. & cognItIve pSychotherapy 1 (2023), https://pubmed.ncbi.nlm.
nih.gov/37170826/.
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
About the Author
Click here to view and/or print the
full notes section for this article.
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
* 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.
60 For The Defense l Vol. 8, Issue 3
Chelsea Jackson, MS, JD is a 5thyear
JD/PhD student at Drexel
University. She received her
Master of Science in Investigative
Forensic Psychology from the
University of Liverpool in 2017,
and her BS from Lafayette
College in 2016. Her research
interests include sex offender risk
and recidivism, problem-solving
courts, race in forensic mental
health assessment.
and 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.
exonerated following criminal convictions.
Share this article
Vol. 4, Issue 4 l For The Defense 9
Kirk Heilbrun is a professor in
the Department of Psychological
and Brain Sciences at Drexel
University. He directs the
Reentry Project, which provides
assessment and treatment
services to individuals reentering
the community following
incarceration, to others under the
jurisdiction of the federal mental
health court in Philadelphia,
and to those who have been
Kellie Wiltsie, MS, JD is a 5thyear
JD/PhD student at Drexel
University. She received a BS with
Honors in Criminal Justice and
a BS in National Security from
the University of New Haven
in 2018. Her research interests
include formerly incarcerated
individual's reentry into the
community, diversion programs,
and the intersection of research
and policy.
of care post-incarceration, reducing barriers to community
reintegration, and improving community-based interventions
for justice-involved populations in order to reduce risk of
recidivism and enhance quality of life post-incarceration.
https://www.congress.gov/bill/110th-congress/house-bill/1593 https://www.congress.gov/bill/110th-congress/house-bill/1593 https://www.uscourts.gov/sites/default/files/75_2_11_0.pdf https://www.uscourts.gov/sites/default/files/75_2_11_0.pdf https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rsk-nd-rspnsvty/rsk-nd-rspnsvty-eng.pdf https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rsk-nd-rspnsvty/rsk-nd-rspnsvty-eng.pdf https://www.researchgate.net/publication/240627651_The_Level_of_ServiceCase_Management_Inventory https://www.researchgate.net/publication/240627651_The_Level_of_ServiceCase_Management_Inventory https://www.researchgate.net/publication/240627651_The_Level_of_ServiceCase_Management_Inventory https://pubmed.ncbi.nlm.nih.gov/37170826/ https://pubmed.ncbi.nlm.nih.gov/37170826/

For the Defense - Vol. 8, Issue 3

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

Contents
For the Defense - Vol. 8, Issue 3 - 1
For the Defense - Vol. 8, Issue 3 - 2
For the Defense - Vol. 8, Issue 3 - Contents
For the Defense - Vol. 8, Issue 3 - 4
For the Defense - Vol. 8, Issue 3 - 5
For the Defense - Vol. 8, Issue 3 - 6
For the Defense - Vol. 8, Issue 3 - 7
For the Defense - Vol. 8, Issue 3 - 8
For the Defense - Vol. 8, Issue 3 - 9
For the Defense - Vol. 8, Issue 3 - 10
For the Defense - Vol. 8, Issue 3 - 11
For the Defense - Vol. 8, Issue 3 - 12
For the Defense - Vol. 8, Issue 3 - 13
For the Defense - Vol. 8, Issue 3 - 14
For the Defense - Vol. 8, Issue 3 - 15
For the Defense - Vol. 8, Issue 3 - 16
For the Defense - Vol. 8, Issue 3 - 17
For the Defense - Vol. 8, Issue 3 - 18
For the Defense - Vol. 8, Issue 3 - 19
For the Defense - Vol. 8, Issue 3 - 20
For the Defense - Vol. 8, Issue 3 - 21
For the Defense - Vol. 8, Issue 3 - 22
For the Defense - Vol. 8, Issue 3 - 23
For the Defense - Vol. 8, Issue 3 - 24
For the Defense - Vol. 8, Issue 3 - 25
For the Defense - Vol. 8, Issue 3 - 26
For the Defense - Vol. 8, Issue 3 - 27
For the Defense - Vol. 8, Issue 3 - 28
For the Defense - Vol. 8, Issue 3 - 29
For the Defense - Vol. 8, Issue 3 - 30
For the Defense - Vol. 8, Issue 3 - 31
For the Defense - Vol. 8, Issue 3 - 32
For the Defense - Vol. 8, Issue 3 - 33
For the Defense - Vol. 8, Issue 3 - 34
For the Defense - Vol. 8, Issue 3 - 35
For the Defense - Vol. 8, Issue 3 - 36
For the Defense - Vol. 8, Issue 3 - 37
For the Defense - Vol. 8, Issue 3 - 38
For the Defense - Vol. 8, Issue 3 - 39
For the Defense - Vol. 8, Issue 3 - 40
For the Defense - Vol. 8, Issue 3 - 41
For the Defense - Vol. 8, Issue 3 - 42
For the Defense - Vol. 8, Issue 3 - 43
For the Defense - Vol. 8, Issue 3 - 44
For the Defense - Vol. 8, Issue 3 - 45
For the Defense - Vol. 8, Issue 3 - 46
For the Defense - Vol. 8, Issue 3 - 47
For the Defense - Vol. 8, Issue 3 - 48
For the Defense - Vol. 8, Issue 3 - 49
For the Defense - Vol. 8, Issue 3 - 50
For the Defense - Vol. 8, Issue 3 - 51
For the Defense - Vol. 8, Issue 3 - 52
For the Defense - Vol. 8, Issue 3 - 53
For the Defense - Vol. 8, Issue 3 - 54
For the Defense - Vol. 8, Issue 3 - 55
For the Defense - Vol. 8, Issue 3 - 56
For the Defense - Vol. 8, Issue 3 - 57
For the Defense - Vol. 8, Issue 3 - 58
For the Defense - Vol. 8, Issue 3 - 59
For the Defense - Vol. 8, Issue 3 - 60
For the Defense - Vol. 8, Issue 3 - 61
For the Defense - Vol. 8, Issue 3 - 62
For the Defense - Vol. 8, Issue 3 - 63
For the Defense - Vol. 8, Issue 3 - 64
For the Defense - Vol. 8, Issue 3 - 65
For the Defense - Vol. 8, Issue 3 - 66
For the Defense - Vol. 8, Issue 3 - 67
For the Defense - Vol. 8, Issue 3 - 68
For the Defense - Vol. 8, Issue 3 - 69
For the Defense - Vol. 8, Issue 3 - 70
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue2_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue1_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue4_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue3_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue2_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue1_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue4_2022
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