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 … Read more
In Commonwealth v. Davis, the Pennsylvania Superior Court reviewed the process by which prosecuting authorities can refile criminal charges pursuant to Pa.R.Crim.P. 544. In Davis, after a preliminary hearing, a magisterial district judge dismissed charges. The Commonwealth sought to refile the complaint but went to a different MDJ to do so. Then the case proceeded … Read more
Bill Clinton made us all ask what the definition of “is” is. In Commonwealth v. McClelland, the Pennsylvania Supreme Court debated the meaning of “any,” overruled Commonwealth v. Ricker, and held that the Commonwealth may not establish a prima facie case at a preliminary hearing with hearsay alone.
In Commonwealth v. Montgomery, the Pennsylvania Supreme Court held that an inquiry into whether or not a firearm is “concealed” under section 6016 of the Uniform Firearms Act is a heavily fact-specific inquiry and evidence that the defendant carried a gun “partially tucked into his waistband” can be sufficient evidence to establish concealment.