Resources for Lawyers

The job of a criminal defense attorney is research intensive and time sensitive. Pitted against a district attorney's office with seemingly bottomless pockets and countless clerks, the typical defense attorney is often at a disadvantage when defending his or her clients (think David and Goliath). The CDRC's "For Lawyers" page is a comprehensive legal resource site organized for the criminal defense practitioner. In addition to valuable research and administrative links, the CDRC maintains an up to date database of current case law which contains concise summaries of recently reported criminal cases from the Pennsylvania Appellate Courts. "For Lawyers" also contains updates on all relevant criminal statutes as enacted or amended.

The CDRC strives to bring judicial and statutory synopses and updates in a timely and accurate manner. However, nothing can take the place of hard work and due diligence. It is incumbent upon those who reference the "Lawyer's Page" to thoroughly read and analyze the full text of each case, statute or procedural rules so that they may fully grasp the legal significance of reported material.

Good Luck!

What's New in Federal Criminal Law

Sentencing — Presumption of Reasonableness - U.S. Supreme Court
Rita v. U.S., No. 06-5754, opinion by Breyer, J., concurring opinion by Stevens, J., Scalia, J., dissenting opinion by Souter, J., ., 06/27/2007
While not binding nor reflective of strong judicial deference, a court of appeals may apply a presumption of reasonableness to a district court sentence within the Sentencing Guidelines without violating the Sixth Amendment. Affirmed.

White Collar Crime —Theft from Federal Programs - U.S. Third Circuit
U.S. Vitello, Nos. 05-4330-05-4332, opinion by Roth, J.., 06/25/2007
An independent contractor with managerial responsibilities may be an “agent” under 18 U.S.C. § 666, which prohibits theft from programs receiving federal funds by agents of the organizations which administer the programs. Affirmed.

Appellate Review - U.S. Supreme Court
Fry v. Piller, No. 06-5427, opinion by Scalia, J., concurring, dissenting opinions by Stevens, J., Breyer, J.., 06/11/2007
In 28 U.S.C. §2254 proceedings a court must assess the prejudicial impact of constitutional error in a state-court criminal trial under the “substantial and injurious effect standard set for the in Brecht, 507 U.S. 619 (1993). Affirmed.

What's New in Pennsylvania Criminal Law

Conspiracy — Multiple Crimes - Supreme Court of Pennsylvania
Cmwlth. v. Barnes, No. 66 MAP 2006, opinion by Per Curiam., 06/25/2007
The court affirmed the Superior Court’s vacating of the most serious of three distinct conspiracy convictions

Media Access — Preliminary Trial Audiotape - Supreme Court of Pennsylvania
Cmwlth. v. Upshur; Appeal of WPXI, Inc, 2 WDA 2006, opinion by Saylor, J., concurring opinions by Cappy, J., Castille, J.,Baldwin, J., dissenting opinion by Fitzgerald, J. ., 06/20/2007
The Superior Court erred in determining that an audiotape (n which the defendant in question threatened a victim) played at a preliminary hearing was not part of the record and therefore not a public judicial record or document. Reversed.

Evidence — Other Crimes — Due Process — Specificity of Dates - Superior Court of Pennsylvania
Cmwlth. v. G.D.M., Sr, No. 1495 MDA 2006, opinion by Ford Elliot, J.., 06/07/2007
The trial court properly admitted evidence of other crimes where the offenses tended to show a common plan or scheme and were not cumulative.Affirmed.

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