Commonwealth v. Stanley

The defendant was on probation for failure to comply with sex offender registration requirements, pursuant to Megan’s Law III. Later, he was found to be in violation of his probation and sentenced to further probation. He appealed the VOP sentence. The Pennsylvania Superior Court vacated the sentence because Megan’s Law III expired in 2012 and must … Read more

United States v. Melvin

In United States v. Melvin, the 3rd Circuit clarified the standard for evaluating motions for early termination of supervision pursuant to 18 U.S.C. § 3583(e). The Court disavowed two prior non-precedential opinions that required termination “only when the sentencing judge is satisfied that something exceptional or extraordinary warrants it, or upon a showing of new or … Read more

Commonwealth v. Shires

In Commonwealth v. Shires, the PA Superior Court discussed the distinction and significance of conditions of probation and/or parole imposed by the sentencing court, and conditions of supervision, which can be imposed by the probation and/or parole department. Here, the conditions of supervision that the defendant allegedly violated were never ordered by the court nor … Read more

Commonwealth v. Starr

The defendant entered guilty pleas to certain charges in the Allegheny County Sex Offender Court and received a probation tail to his sentence. One condition of his probation was that he was not permitted to possess a device that was capable of accessing the internet. The defendant was subsequently repeatedly caught with cell phones with … Read more

Gass v. 52nd Jud. Dist.

The PA Supreme Court exercised its King’s Bench authority to consider whether Lebanon County courts and probation departments may prohibit a probationer from using medical marijuana where that probationer otherwise is in compliance with Pennsylvania’s Medical Marijuana Act. Simply put, the Court held that the courts and probation department could not prohibit medical marijuana use … Read more