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  • Post Conviction Relief- A Witness Recants
    Post Conviction Relief- A Witness Recants

    Recantation of a witness' statements from trial can provide relief. True "after-discovered evidence," which can provide the basis for obtaining post conviction relief after the time for filing a Post ...

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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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  • Sentencing and the County Intermediate Punishment Sentence
    Sentencing and the County Intermediate Punishment Sentence

    A mandatory sentence under the State Sentencing Code is what it says... "mandatory." On February 17, 2015, the Pennsylvania Supreme Court in Commonwealth v. Stotelmyer, No. 73 MAP 2013, J-36-2014 ...

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  • Mandatory Minimum Sentences and Drug Offenses With Firearms- Still Legal In Pennsylvania?
    Mandatory Minimum Sentences and Drug Offenses With Firearms- Still Legal In Pennsylvania?

    The Alleyne decision renders those Pennsylvania mandatory minimum sentencing statutes that do not pertain to prior convictions constitutionally infirm. The Pennsylvania Superior Court recently ...

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  • Megan's Law III Declared Unconstitutional by PA Supreme Court
    Megan's Law III Declared Unconstitutional by PA Supreme Court

    In a majority opinion, the Pennsylvania Supreme Court recently declared Megan's Law III unconstitutional. In a case argued by my firm , the Pennsylvania Supreme Court recently held that Megan's Law ...

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  • Child Pornography and File Sharing
    Child Pornography and File Sharing

    The sentencing differential between possession of child pornography and distribution can be as many as 15 to 20 years File sharing software as a "default setting" stores numerous files, images, videos ...

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