Guilty Plea on Immigration Proceedings
Lee v. United States, No. 16-327, 2017 U.S. LEXIS 4045 (Jun. 23, 2017). The Supreme Court recently held in the Lee v. United States, No. 16-327, 2017 U.S. LEXIS 4045 (Jun. 23, 2017) that an attorney was ineffective when he advised his client that he would not be deported after a guilty plea to...
Pennsylvania Mandatory Minimum demise
This week the Superior Court of Pennsylvania issued an opinion in Commonwealth v. Newman that 2014 Pa Super 178 that Alleyne v. U.S. renders 42 Pa.C.S.A. sec. 9712.1 unconstitutional. § 9712.1. Sentences for certain drug offenses committed with firearms. (a) Mandatory sentence.–Any person who is convicted of a violation of section 13(a)(30) of the act...
Police Officer Lacking Probable Cause for DUI Stop
COMMONWEALTH OF PENNSYLVANIA, Appellee v. DICK H. McCANDLESS, Appellant Appellant was charged with driving under the influence of alcohol and driving in excess of speed limits. Appellant sought suppression of the results of a blood alcohol test and various statements that he gave. The trial court granted the suppression on the basis that the officer’s...