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Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor
Loaded on Nov. 28, 2018
by Dale Chappell
published in Criminal Legal News
December, 2018, page 16
Filed under:
Criminal Procedure.
Location:
Pennsylvania.
by Dale Chappell
The Supreme Court of Pennsylvania held that a defendant’s failure to appear (“FTA”) for trial after the prosecution had already violated its duty to provide a speedy trial did not excuse the prosecution’s violation, requiring dismissal of the charges with prejudice.
Daniel Barbour was charged in two ...
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More from this issue:
- Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
- New App Makes It Simple for Civilians to Record Police Encounters
- Sex Offender Registration Biased Against Blacks, by Kevin Bliss
- Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
- $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
- ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
- Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
- Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
- Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
- Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
- Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
- FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
- Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
- Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
- Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
- Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
- Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
- Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
- Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
- First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
- Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
- Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
- Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
- Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
- New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
- Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
- California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
- Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
- Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
- Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
- Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
- Should the Minimum Age for the Death Penalty be Bumped Up to 21?
- Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
- Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
- Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
- News in Brief
- Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, Nov. 15, 2020. Criminal Procedure, Fifth Amendment.
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, April 12, 2019. War on Drugs, Criminal Procedure.
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, Feb. 14, 2019. Criminal Procedure.
- N.Y. Court of Appeals Announces When Trial Commences for Timeliness of Pro Se Requests, Jan. 17, 2019. Appeals, Criminal Procedure.
- Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, Dec. 21, 2018. Sentencing, Criminal Procedure.
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, Dec. 5, 2018. Judiciary, Indigent Defense, Expert Witnesses, Criminal Procedure.
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, Dec. 4, 2018. Criminal Prosecution, Criminal Procedure.
- Texas Supreme Court Interprets State’s Expungement Statute, Oct. 28, 2018. Criminal Procedure.
- Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, Sept. 23, 2018. Criminal Procedure.
