Bickerton Law Blog

In the News: Arsonist charged with murder for heart attack deaths

noreply@blogger.com (Bickerton and Bickerton) — Fri, 23 Oct 2009 14:24:00 +0000

Rickie Lee Fowler has been charged with five counts of first-degree murder after after five men died from heart attacks during the 2003 San Bernadino wildfires. Supervising Deputy District Attorney Victor Strull contends that, even though the men did not die in the fire, their deaths were the direct result of Fowler setting the fire. Under the felony-murder rule, a defendant can be charged with murder when a victim dies during the commission of a felony. In this case, Fowler is charged with two felony counts of arson. If convicted, Fowler may face the death penalty.

For more information, go to:

http://news.yahoo.com/s/ap/20091023/ap_on_re_us/us_arson_wildfire;_ylt=AkV1j_7DVmRkcoJvILof2GCs0NUE;_ylu=X3oDMTFlMHU3aWxrBHBvcwM2OARzZWMDYWNjb3JkaW9uX3Vfc19uZXdzBHNsawNhcnNvbi1yZWxhdGU-

In the News: Craigslist lawsuit dismissed

noreply@blogger.com (Bickerton and Bickerton) — Fri, 23 Oct 2009 13:46:00 +0000

U.S. District Court Judge John Grady has dismissed a lawsuit filed against Craiglist alleging that the company failed to adequately deter prostitutes from posting in its "Erotic Services" (now "Adult Services") section. Judge Grady concluded that the services offered were for legal activities such as erotic dancing and did not explicitly promote prostitution. Judge Grady also noted that prohibiting the conduct may infringe upon First Amendment rights. The lawsuit was filed by the Cook County Sheriff.

For more information, go to:

http://tech.yahoo.com/news/ap/20091023/ap_on_hi_te/us_craigslist_adult_ads

In the News: Attorney-client calls in PGH jail recorded, given to prosecutors

noreply@blogger.com (Bickerton and Bickerton) — Fri, 23 Oct 2009 05:40:00 +0000

The Pittsburgh Post-Gazette reports that the Allegheny County Jail has taped attorney-client telephone calls and released some of those tapes to the U.S. Attorney's Office. Jail officials contend that the taping was likely the inadvertent result of a change in the jail's phone system.

For more information, go to:

http://www.post-gazette.com/pg/09296/1007757-53.stm

BriefLaw: Commonwealth v. Omar

noreply@blogger.com (Bickerton and Bickerton) — Mon, 19 Oct 2009 03:14:00 +0000

Commonwealth v. Omar J-162A-B-2008 (10/05/2009)

Topic: Trademark Counterfeiting - Constitutionality

Summary: 18 Pa.C.S.A. Section 4119, which prohibited the unauthorized use of a trademark, was struck down as being overbroad. The law prohibited any use of a trademark without considering whether the use was protected by the First Amendment right to free speech.

http://www.aopc.org/OpPosting/Supreme/out/J-162A&B-2008mo.pdf

In the News: More protests in Oakland Saturday night

noreply@blogger.com (Bickerton and Bickerton) — Sun, 27 Sep 2009 03:56:00 +0000

On Saturday night, a group gathered in the Oakland section of Pittsburgh to protest police actions during demonstrations held during the two-day Pittsburgh G20 summit. While almost 200 people were arrested during the demonstrations on Thursday and Friday, as of 11:58 pm on the 26th, there have been reported arrests in Saturday night's march.

For more information, go to:

http://www.post-gazette.com/pg/09269/1001209-100.stm

In the News: 110 Arrested in Oakland after G20

noreply@blogger.com (Bickerton and Bickerton) — Sat, 26 Sep 2009 16:38:00 +0000

Pittsburgh Police arrested 110 protestors who gathered in Schenley Plaza last night after the conclusion of the G20 Summit. Reports state that after 400 people gathered in Schenley Plaza to demonstrate in what was called a "Police Resistance Rally", several failed to disperse after receiving orders from police to leave the scene.

For more information, go to:

http://kdka.com/local/Schenley.plaza.rally.2.1209600.html#

In the News: 66 Arrested at Pittsburgh G20 Summit

noreply@blogger.com (Bickerton and Bickerton) — Fri, 25 Sep 2009 14:53:00 +0000

KDKA reports that 66 people were arrested during the first day of the Pittsburgh G20 Summit. Additionally, 20 local businesses suffered property damage as a result of G20 protest related disturbances. KDKA points out that of the various demonstrations that took place, 12 were peaceful and had no reported arrests.

For more information, go to:

http://kdka.com/local/police.report.g20.2.1207824.html

http://www.post-gazette.com/pg/09268/1000756-482.stm

BriefLaw: Commonwealth v. Harry Galendez

noreply@blogger.com (Bickerton and Bickerton) — Sun, 20 Sep 2009 00:55:00 +0000

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009)

Topic: Defendant's Right to be Present - Parole and Probation Searches

Summary: 1.) The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. 2.) Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not make any parole or probation conditions for any sentence that would subject the defendant to the supervision of the State Board of Probation and Parole.

http://www.pacourts.us/OpPosting/Superior/out/a15016_09.pdf

BriefLaw: Commonwealth v. Christina Marie Houtz

noreply@blogger.com (Bickerton and Bickerton) — Sun, 20 Sep 2009 00:44:00 +0000

Commonwealth v. Christina Marie Houtz 2009 PA Super 186 (9/16/2009)

Topic: Terms of Probation - Undue Restrictions

Summary: A probationary restriction must be reasonably tied to the illegal act. Therefore, where a defendant was not accused of using the Internet to commit her offense, the trial court is not justified in prohibiting Internet usage as a term of probation.

http://www.pacourts.us/OpPosting/Superior/out/s23028_09.pdf

BriefLaw: Commonwealth v. Jeffrey A. Madeira

noreply@blogger.com (Bickerton and Bickerton) — Sun, 20 Sep 2009 00:28:00 +0000

Commonwealth v. Madeira 2009 PA Super 180 (9/14/1009)

Topic: Sentencing - Mandatory Minimum

Summary: When a statute uses the language "not less than," the sentence referred to must be interpreted to be a mandatory minimum.

http://www.pacourts.us/OpPosting/Superior/out/s37026_09.pdf

BriefLaw: Commonwealth v. Israel Santiago

noreply@blogger.com (Bickerton and Bickerton) — Sun, 20 Sep 2009 00:19:00 +0000

Commonwealth v. Israel Santiago J-34-2009 (8/25/2009)

Topic: Motion to Withdraw - Anders Brief

Summary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly frivolous.

http://www.pacourts.us/OpPosting/Supreme/out/J-34-2009mo.pdf

Commentary: Part 3 - Getting Arrested at the G20 Summit - What to do if arrested

noreply@blogger.com (Bickerton and Bickerton) — Fri, 18 Sep 2009 03:08:00 +0000

To most people, the closest they will get to the criminal justice system is through episodes Law & Order or CSI. Those arrested in real life often find that the reality of being arrested is not like it is on television. Many assume that as they are arrested, the police will recite their Miranda rights. They also assume that if they are arrested at 4 pm, they will be able to make bail and be home in time for the six o'clock news. In reality, neither scenario is true.

Here are some basic truths about getting arrested:

The First Amendment protects your right to mouth off to the police. However, mouthing off to the police is never a good idea if they're cuffing you.
It is never a good idea to try to fight a police officer.
If you are being arrested, it not a good idea to try to run from a police officer. In fact, it's illegal.
No one has to read you your Miranda rights unless you are going to be interrogated.
It is *never* a good idea to talk to the police without your lawyer present.
If you are arrested, it will probably take a while before you can get bail and are released.

If you are arrested, one of the first things you will want to do after getting out of jail is hire a well-qualified criminal defense attorney. For more information about hiring a criminal defense attorney, go to:

http://bickerton-law.blogspot.com/2009/02/commentary-how-to-pick-criminal-defense.html

Of course, all of this is assuming that you are arrested. For summary offenses, the police may issue a citation ordering you to either plead guilty and send in a fine or plead not guilty and have a summary trial.

Commentary: Part 2 - Getting Arrested at the G20 Summit (Common Offenses)

noreply@blogger.com (Bickerton and Bickerton) — Thu, 17 Sep 2009 02:57:00 +0000

When people are arrested in mass settings like demonstrations or Super Bowl celebrations, there are several crimes and summary offenses that are frequently charged. Those crimes and summary offenses include:

Disorderly Conduct: Disorderly conduct is commonly charged where the police believe that a person's behavior is such that it causes annoyance or the risk of harm to those in the area. This is Pennsylvania's rough equivalent to "disturbing the peace." This can be charged as a misdemeanor or as a summary offense.

Criminal Mischief: Criminal mischief covers an assortment of actions that generally involve damage to property. This includes graffiti, breaking a window, keying a car, etc. This can be graded as a felony, misdemeanor, or as a summary offense depending on the value of the property that is damaged.

Propulsion of Missiles: Propulsion of missiles includes throwing rocks, bricks, or any other item. This usually involves propelling an item into a car or occupied structure.

Arson: Arson is intentionally setting something on fire or creates an explosion and puts lives in danger or damages property. This is a felony.

Failure to Disperse: Where three or more people are engaging in disorderly conduct but don't follow a police officer's order to leave the area, they may be charged with failure of disorderly persons to disperse upon official order. This is a second-degree misdemeanor.

Resisting Arrest: Resisting arrest is, in lay terms, using force against the police in order to avoid arrest or trying so hard to avoid arrest that the police have to try really hard to arrest you. This often comes with a charge of aggravated assault, depending on the level of resistance used. This offense is a misdemeanor.

Public Intoxication or Public Drunkenness: Public intoxication is voluntarily appearing in public when you are so intoxicated that you pose a danger (or annoyance) to yourself or others. This is a summary offense.

Obstructing highways and other public passages: Obstructing highways is when a person blocks a sidewalk, road or other passageway and doesn't stop blocking it when the police instruct him to stop. This is a summary offense.

While most of the charges are relatively straightforward, the offense of disorderly conduct is often problematic. In recent years, there have been several incidents where law enforcement has charged defendants with disorderly conduct for using profanity towards police. However, "flipping the bird" and using profane language towards police is protected speech under the First Amendment.

As a result of a new ordinance passed by the Pittsburgh City Council, demonstrators face an additional offense during next week's summit. Anyone who is caught with "certain items intended to obstruct a public right-of-way, block emergency response equipment or thwart police attempts at breaking up a crowd" may be charged with a summary offense. Those items include: "noxious and/or toxic substances, gas masks, projectile launchers, animal or human waste, animal or human blood, rotten eggs, acid, gasoline, manufactured gases or sprays, and alcohol." The ordinance is set to expire on September 30th, 2009.

Coming tomorrow: What to do if you are arrested at the G20 summit

In the News: Approved for probation but still in jail due to budget impasse

noreply@blogger.com (Bickerton and Bickerton) — Wed, 16 Sep 2009 02:59:00 +0000

The Pittsburgh Tribune Review reports that, as a result of the current budget impasse in Pennsylvania, several inmates who have been approved to be released from jail on probation. The inmates in question are homeless. Due to the still-unpassed state budget, emergency shelters are unable to accept the homeless inmates. Therefore, the inmates must remain in jail "because they have nowhere to live and there are no available shelters."

For more information, go to:

http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_643169.html

Commentary: Part 1 - Getting Arrested at the G20 Summit - (Past Summits)

noreply@blogger.com (Bickerton and Bickerton) — Wed, 16 Sep 2009 01:54:00 +0000

On May 28th, 2009, the City of Pittsburgh was chosen to host the September meeting of the Group of Twenty Finance Ministers and Central Bank Governors, otherwise known as the G20. The G20 regularly meet to discuss international finance and the stability of the world markets. Due to the high profile nature of the meetings, many demonstrators gather in the host city to bring attention to their causes.

During the course of the past G20 meetings, numerous demonstrators were arrested for charges ranging from causing damage to property and arson to disorderly conduct and rioting. In the 2006 G20 summit in Melbourne, Australia, 26 protesters were arrested. During the London, England summit in April of this year, 86 protesters were charged and arrested after over 4,000 protesters converged on the city to participate in demonstrations. (It should be noted that last year's G20 summit in Washington, D.C. was, by most reports, uneventful.)

To prepare for the summit, Pittsburgh has consulted with the former chief of police for Seattle, Washington. In 1999, Seattle hosted the meeting of the World Trade Organization. During that meeting, 50,000 people descended on the city of Seattle to participate in demonstrations. In the mayhem that ensued, over 500 people were arrested. For years after the 1999 WTO meetings the city of Seattle was taken to task due to the poor conditions of the temporary jails used during the meeting as well as for unlawfully arresting approximately 200 demonstrators.

Conclusion: The overall arrest rate for past G20 summits and similar events is lower than you would expect. However, it's worthwhile to be prepared if you end up being one of the demonstrators that gets arrested.

Coming Tomorrow: What charges are usually filed against demonstrators, protestors, and others arrested in mass settings?

Commentary: Getting Arrested at the G20 Summit - Introduction

noreply@blogger.com (Bickerton and Bickerton) — Tue, 15 Sep 2009 01:46:00 +0000

Whenever a city hosts a major event, arrests often follow. After Pittsburgh won the Super Bowl win in January, 34 people were arrested on the streets of Pittsburgh. After the Penguins won the Stanley Cup in June, 33 people were arrested. With the world's eyes on the city and thousands of demonstrators expected to converge on the Pittsburgh area, it is expected that many will be arrested and charged with an assortment of offenses. In the three part series that begins tomorrow, we will discuss the ins and outs of: 1.) what other cities have experienced when hosting the summit; 2.) the charges that are likely to be filed against someone arrested during the G20 summit; and 3.) what to do if you are arrested at the G20 summit.

In the News: PGH City Council may decline mask ordinance

noreply@blogger.com (Bickerton and Bickerton) — Thu, 10 Sep 2009 14:49:00 +0000

In a preliminary vote, only two members of Pittsburgh City Council voted to enact an ordinance that would prohibit the wearing of any device that would obscure one's identity when committing a crime. Some members of council believed that the ordinance would violate civil liberties while others believed that the ordinance would be a useful tool for law enforcement.

For more information, go to:

http://www.post-gazette.com/pg/09252/996772-100.stm
http://legistar.city.pittsburgh.pa.us/detailreport/Reports/Temp/910200910506.pdf

In the News: PGH considers ordinance banning public urination

noreply@blogger.com (Bickerton and Bickerton) — Thu, 10 Sep 2009 14:31:00 +0000

Pittsburgh City Council is currently considering an ordinance that would issue a $500 fine to anyone caught urinating outdoors on public or private property. Under the current form of the ordinance, anyone who urinates on property with the owner's consent would not be fined.

For more information, go to:

http://www.post-gazette.com/pg/09253/996893-53.stm

In the News: Former PA Juvenile Court Judges withdraw pleas

noreply@blogger.com (Bickerton and Bickerton) — Tue, 25 Aug 2009 06:07:00 +0000

Former Luzerne County Juvenile Court judges Mark Ciavarella and Michael Conahan have withdrawn their guilty pleas. Under the plea agreement, Ciavarella and Conahan were to serve 87 months in prison. After concluding that the former judges did not comply with the terms of the plea bargain, Senior US District Judge Edward M. Kosik rejected the pair's guilty pleas in July. Facing over twenty years of incarceration, Ciavarella and Conahan have chosen to proceed to trial.

For more information, go to:

http://www.post-gazette.com/pg/09237/993048-454.stm

In the News: Tough sentencing crowds prisons but does not lower crime

noreply@blogger.com (Bickerton and Bickerton) — Sun, 23 Aug 2009 20:16:00 +0000

Debra Erdley reports in the Sunday, August 23, 2009 Pittsburgh Tribune-Review that while "tough on crime" laws have served to increase prison populations, there has been no corresponding decrease in the crime rate. According to State Senator Stewart Greenleaf, the harsh penalties he and fellow legislators enacted served to punish non-violent offenders more severely, but statistics indicate that crime in Pennsylvania has not decreased. As a result of mandatory sentences for drug offenders and other harsh sentencing schemes, roughly half of Pennsylvania's prison population consists of "non-violent offenders and mentally ill inmates."

The article also points out that the general public holds an overly simplistic view of crime and punishment and are too easily swayed by the belief that incarceration is the ideal solution to crime problems.

For more information, go to:

http://www.pittsburghlive.com/x/pittsburghtrib/news/regional/s_639625.html#

In the News: Heightened DUI Enforcement

noreply@blogger.com (Bickerton and Bickerton) — Fri, 21 Aug 2009 02:10:00 +0000

From Friday, August 21, 2009 through Monday, September 7, 2009 local police will be joining a national effort to crackdown on drunk driving. Over the period, law enforcement agencies will be conducting DUI checkpoints and roving patrols. The Pittsburgh Post-Gazette reports that public service announcements will target female drivers. Studies have shown that incident rates for female drivers committing DUIs have increased in recent years.

For more information, go to:

http://kdka.com/local/DUI.crackdown.Labor.2.1136982.html
http://www.post-gazette.com/pg/09232/992110-147.stm

For information on local taxi companies, go to:

http://www.yellowpages.com/Pittsburgh-PA/Taxis

BriefLaw: Commonwealth v. Derek Bloom

noreply@blogger.com (Bickerton and Bickerton) — Sat, 15 Aug 2009 19:00:00 +0000

Commonwealth v. Derek Bloom 2009 PA Super 150 (7/31/2009)

Topic: Police Jurisdiction - Port Authority Police

Summary: The jurisdiction of Port Authority police (and other railway and railway street police officers) extends to any area that is in the immediate and adjacent vicinity of Port Authority property. Extraterritorial jurisdiction also applies where Port Authority police witness an act that puts Port Authority passengers in jeopardy.

http://www.pacourts.us/OpPosting/Superior/out/S32041_09.pdf

BriefLaw: Commonwealth v. George Kubis

noreply@blogger.com (Bickerton and Bickerton) — Sat, 15 Aug 2009 18:31:00 +0000

Commonwealth v. George Kubis 2009 PA Super 140 (7/21/2009)

Topic: Seizure of a Vehicle Without a Warrant -

Summary: Where the elements of the Illinois v. McArthur test are met, police may temporarily seize an automobile while waiting for a search warrant to be issued.

http://www.pacourts.us/OpPosting/Superior/out/s30027_09.pdf

BriefLaw: Commonwealth v. Eli Brougher

noreply@blogger.com (Bickerton and Bickerton) — Sat, 15 Aug 2009 18:16:00 +0000

Commonwealth v. Eli Brougher 2009 PA Super 131 (7/13/2009)

Topic: Mandatory Sentence - Deadly Weapon Enhancement

Summary: An unloaded toy pistol that looks like a real firearm and shoots pellets may be considered a deadly weapon for sentencing purposes. Therefore, a defendant may be subject to a deadly weapon enhancement if he uses a realistic toy weapon. *Note*: The Superior Court found Brougher's issue waived so this conclusion may be dicta.

http://www.pacourts.us/OpPosting/Superior/out/S18040_09.pdf

BriefLaw: Commonwealth v. Wayne McKibben

noreply@blogger.com (Bickerton and Bickerton) — Sat, 15 Aug 2009 18:12:00 +0000

Commonwealth v. Wayne McKibben 2009 PA Super 130 (7/14/2009)

Topic: Mandatory Sentences - Drugs in Close Proximity to Firearms

Summary: Where firearms are found loaded, readily accessible to the defendant, and in the same room as drugs, the mandatory sentence under 18 Pa.C.S.A. Section 9712.1 is applicable.

http://www.pacourts.us/OpPosting/Superior/out/A15039_09.pdf