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Blog Posts in July, 2015

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  • Expert's May Be Used To Explain Victim's Failure to Report
    Expert's May Be Used To Explain Victim's Failure to Report

    Expert was permitted to testify at trial as to why a child victim may delay in reporting sexual abuse. In a recent Pennsylvania Superior Court decision, the defendant challenged the Commonwealth's ...

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  • Privacy and Technology- Interception of iPad Messages
    Privacy and Technology- Interception of iPad Messages

    iPad was not an "electronic, mechanical or other device" within § 5702 because it was not the functional equivalent of a telephone In Commonwealth v. Diego , 2015 Pa. Super. LEXIS 367, *1, 2015 PA ...

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  • Social Media and Family Law- A Cautionary Tale
    Social Media and Family Law- A Cautionary Tale

    Social media may offer surprising evidence for parents in family law matters. My colleague recently posted some interesting information about the use of social media in criminal matters. Specifically, ...

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  • Alleyne Held Not to Apply Retroactively
    Alleyne Held Not to Apply Retroactively

    The determination that mandatory minimum sentencing schemes in PA were unconstitutional has been held not to apply retroactively The Pennsylvania Superior Court recently held that the mandatory ...

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  • Possession of Child Pornography- the Curious Case of Jared Fogle
    Possession of Child Pornography- the Curious Case of Jared Fogle "the Subway guy"

    A person is guilty of possession of child pornography for the mere knowing control of the item in Pennsylvania. As recently reported on July 8, 2015, by Mark O'Mara reporting for CNN - Jared Fogle, ...

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  • Exception to Hainesworth Noted for Federal Case
    Exception to Hainesworth Noted for Federal Case

    The concept of Com v. Hainesworth may not be applicable to federal cases where the Commonwealth is not a participant in the plea agreement A recent decision by the Pennsylvania Superior Court provides ...

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