Search:
Weekly Caselaw Updates

Sign up here to receive a weekly email with summaries of every precedential case out of the Third Circuit and the appellate courts in Pennsylvania and New Jersey. No fluff. No filler. No fee.

Commonwealth v. Lambert

Pennsylvania Superior Court

December 24, 2020

In Commonwealth v. Lambert, defense counsel filed a motion for a writ of habeas corpus after the defendant’s preliminary hearing. At the motion’s hearing, the Commonwealth did not present any evidence and asserted that the Commonwealth was entitled to rely on “what happened at the preliminary hearing.” The trial court granted the writ and dismissed the charges. The Commonwealth appealed, and the Pennsylvania Superior Court affirmed. Because the preliminary hearing was not transcribed, the Commonwealth was required to present evidence to prove a prima facie case of the elements of the crimes charged. When the Commonwealth failed to present evidence to prove a prima facie case, the trial court properly granted the habeas corpus motion.

Scroll down to read the court's full opinion
IF YOU HAVE ANY OF THESE

Heavy Workload

Heavy Workload

 Vacation

Vacation

 Other<br />Personal<br />Commitments

Other
Personal
Commitments

Hiring Attorney Contact Us
Sullivan Simon
Attorneys with 20+ years of litigation experience.

requests basic information
about case
Within 24 hours,

flat-fee quote

Delivers Final
Product
  • On Time
  • On Budget
  • Ready to File