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Weekly Caselaw Updates

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Commonwealth v. Dabney

The Pennsylvania Superior Court rejected the defendant's novel argument that medical marijuana is not a Schedule I controlled substance for purposes of the DUI statute. The Court relied, in part, on its recent en banc decision in Commonwealth v. Stone in concluding that medical marijuana continues to be a schedule…

Commonwealth v. Dabney
Pennsylvania Superior Court

The Pennsylvania Superior Court rejected the defendant’s novel argument that medical marijuana is not a Schedule I controlled substance for purposes of the DUI statute. The Court relied, in part, on its recent en banc decision in Commonwealth v. Stone in concluding that medical marijuana continues to be a schedule I controlled substance. The Court… Continue reading Commonwealth v. Dabney

Commonwealth v. Davis
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the defendant’s jury conviction for DUI-high rate of alcohol 4th offense or subsequent. On appeal, the defendant alleged several issues with the jury. The Court ruled that the trial court did not err in permitting potential jurors to wear facemasks during the voir dire, seating the jury in the courtroom’s… Continue reading Commonwealth v. Davis

Commonwealth v. Stone
Pennsylvania Superior Court

Don’t drive with weed in your bloodstream, despite that Medical Marijuana Act (MMA) card. The Pennsylvania Superior Court reversed the trial court’s order, which denied the Commonwealth’s challenge to the defendant’s proposed jury instruction. One of the proposed points for charge included an instruction that medical marijuana and its metabolites are not Schedule I controlled… Continue reading Commonwealth v. Stone

Commonwealth v. Lehnerd
Pennsylvania Superior Court

The Pennsylvania Superior Court invalidated mom’s consent to search her son’s house. The defendant flipped his truck and then asked the people at a property nearby if he could use their phone to call his parents to pick him up. They did so and dropped the defendant off at his house. When the parents went… Continue reading Commonwealth v. Lehnerd

State v. Konecny
New Jersey Supreme Court

The New Jersey Supreme Court revisited State v. Laurick, in which the Court held that prior uncounseled convictions for driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50 could not be used to enhance a custodial sentence for a second or subsequent DWI offense. Here, the Supreme Court had to determine whether Laurick relief also… Continue reading State v. Konecny

Commonwealth v. Jackson
Pennsylvania Superior Court

The Pennsylvania Superior Court vacated the defendant’s sentence after his plea to driving while operating privilege is suspended or revoked, his second violation. The Court held that because the statute does not provide for a maximum term of incarceration, it is unconstitutionally vague and inoperable for the same reasons expressed in Commonwealth v. Eid.

Commonwealth v. May
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the lower court’s decision to preclude evidence from a defense expert and affirmed the mandatory sentence imposed. The defendant was charged and convicted under Section 3802(d)(1)(i), which prohibits driving with “any amount” of a Schedule I controlled substance in the driver’s blood. He wanted to call a defense expert at… Continue reading Commonwealth v. May

Commonwealth v. Banko
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the defendant’s convictions based on an automobile crash the defendant was involved in while he was intoxicated. The defendant claimed that the trial court violated his Sixth Amendment right to confrontation when it permitted testimony from a laboratory technician to testify regarding blood alcohol content results generated in the course… Continue reading Commonwealth v. Banko

Ferguson v. PENNDOT
Pennsylvania Commonwealth Court

This case presented the Pennsylvania Commonwealth Court with an issue of first impression: Whether the decision in Chichkin affects the civil suspension of driving privileges for second-time DUI offenders when the first DUI offense is disposed of before sentencing by ARD. An en banc panel of the Commonwealth Court affirmed the Pa. Department of Transportation’s… Continue reading Ferguson v. PENNDOT

Pritchett v. PENNDOT
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed the trial court’s order, which sustained Licensee’s appeal from PENNDOT’s 12-month suspension of his driving privileges. The Court held that a trooper had reasonable grounds to believe that Licensee was driving under the influence of marijuana because Licensee’s car smelled like marijuana, Licensee told the trooper that he had recently… Continue reading Pritchett v. PENNDOT