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legal last won the day on October 15 2016

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  1. Yep. In a non-capital murder case, an indigent accused gets the Public Defender barring a conflict.
  2. Rule 801. Qualifications for Defense Counsel in Capital Cases. In all cases in which the attorney for the Commonwealth has filed a Notice of Aggravating Circumstances pursuant to Rule 802, before an attorney may participate in any stage of the case either as retained or appointed counsel, the attorney must meet the educational and experiential criteria set forth in this rule. (1) EXPERIENCE: Counsel shall (a) be a member in good standing of the Bar of this Commonwealth; (b) be an active trial practitioner with a minimum of 5 years criminal litigation experience; and (c) have served as lead or co-counsel in a minimum of 8 significant cases that were given to the jury for deliberations. If representation is to be only in an appellate court, prior appellate or post-conviction representation in a minimum of 8 significant cases shall satisfy this requirement. A ‘‘significant case’’ for purposes of this rule is one that charges murder, manslaughter, vehicular homicide, or a felony for which the maximum penalty is 10 or more years. (2) EDUCATION: (a) During the 3-year period immediately preceding the appointment or entry of appearance, counsel shall have completed a minimum of 18 hours of training relevant to representation in capital cases, as approved by the Pennsylvania Continuing Legal Education Board. (b) Training in capital cases shall include, but not be limited to, training in the following areas: (i) relevant state, federal, and international law; (ii) pleading and motion practice; (iii) pretrial investigation, preparation, strategy, and theory regarding guilt and penalty phases; (iv) jury selection; (v) trial preparation and presentation; (vi) presentation and rebuttal of relevant scientific, forensic, biological, and mental health evidence and experts; (vii) ethical considerations particular to capital defense representation; (viii) preservation of the record and issues for post-conviction review; (ix) post-conviction litigation in state and federal courts; (x) unique issues relating to those charged with capital offenses when under the age of 18; and (xi) counsel’s relationship with the client and family. (c) The Pennsylvania Continuing Legal Education Board shall maintain and make available a list of attorneys who satisfy the educational requirements set forth in this rule.
  3. In a capital (death penalty) case, the lawyer(s) must be certified. There are few of them. It is a sellers' market.
  4. Teens in Fla laugh at drowning man

    While I find their conduct and morals disgusting, I hesitate to call for their prosecution. Unless you have a duty of care arising from your conduct, misconduct or position of authority, the common law (to the best of my recollection) does not impose a duty to render assistance. I think public shaming is sufficient.
  5. Mustard and Ketchup

    Thanks for the input. I still miss products in glass containers (ketchup/mustard).....but especially my milk. I can understand the retailers preferences.
  6. Mustard and Ketchup

    It's really hard to get a knife down the small squeeze bottle opening and it is messy.
  7. Mustard and Ketchup

    Does anybody know when and why they (French's and Gulden's) stopped putting their products in jars? I hate squeeze bottles. (I haven't been able to find anything on the Internet.)
  8. Jessica Holtmeyer

    You serve the minimum unless you get a commutation from the Pardon's Board. She is 35 or 36 now according to the news story so she would have served 20 years.
  9. Jessica Holtmeyer

    Jessica Holtmeyer was sentenced to life without parole for killing Kimberly Dotts in Clearfield County. Holtmeyer was 16 years old at the time of the crime. Based upon decisions by the US Supreme Court and the PA Supreme Court, there is a possibility that she will be resentenced to 35 years to life. See the decision below setting forth the standards to be applied to juvenile offenders: - 10315068219847919.pdf#search="batts"
  10. Thanks Steve!

    I love the way this is set up and it appears faster. My only suggestion is that a "dislike" button be added to the "like this".
  11. Clarion enrollment plunges

    I left a coin on his grave to pay his taxes. (True story).
  12. Clarion enrollment plunges

    There is absolutely no common sense; it is common nonsense. Henry David Thoreau, "Paradise (to be) Regained", The Democratic Review (November 1843)
  13. When it comes to amounts under $3000, there is a possiblity that they are not guilty of a crime. I had a case where the family applied for food assistance. They were initially awarded $xxx.00 with the understanding that the amount could be adjusted up or down upon final verification of income. Two months later the wife got a p/t job and she reported it to the department. They received food assistance for the next 3 months in the initial amount. Then the department determined there was an overpayment of benefits of $yyy.00 (from day one), terminated their monthly allotment (to recoup part of the excess paid) and demanded immediate payment of the difference. The amount claimed was under $1500.00. The parties were of limited income and offered to pay it back in installments. Instead of working with them, the agency filed criminal charges. I got it dismissed arguing that: 1) they were entitled to the benefit; 2) the agency incorrectly determined the initial award; 3) they reported the new additional income as required but the agency lagged in recalculating their benefits; 4) mere failure to repay an overpayment does not necessarily imply criminal misconduct.
  14. This is interesting reading:
  15. "Stahlman was an eccentric, reclusive preacher, and a self-proclaimed prophet who was born and raised in Jefferson County in the mid-nineteenth century and resided in Brookville from 1907 to 1915.?" Actually he was declared insane and committed to a mental institution.