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Failure To Mirandize In State College Drug Possession Case

Posted in Constitutional Rights,General on January 12, 2015

A Centre County judge recently issued an opinion in a State College misdemeanor drug possession case in which the criminal defense lawyer sought suppression of statements made by the defendant because the officer did not advise the defendant of her Miranda warnings.  The judge’s decision granted the suppression of some statements, but the judge also felt… view more

Real Life Grinch Charged With Public Drunkenness

Posted in General on January 12, 2015

By Jason Dunkle on G+ At a parade in Canada, a drunk man with a Grinch-like hairdo pulled a Grinch-esque stunt by telling children nearby that Santa wasn’t real. The man was cited with causing a disturbance by being drunk, which is probably  equivalent to a summary charge of Public Drunkenness in Pennsylvania. As a… view more

State College Keg Toss Incident – What Criminal Charges Could Be Filed?

Posted in General on January 12, 2015

By Jason Dunkle on G+ According to an online newspaper article, someone threw a keg from the balcony of a downtown State College 7th floor apartment. Luckily no people were injured, but at least one vehicle was severely damaged. The keg was tossed around  12:55 a.m. on a Saturday morning, and, although most people are in… view more

Is “Flipping the Bird” Legal in Pennsylvania?

Posted in Constitutional Rights,General on January 12, 2015

By Jason Dunkle on G+ While many people “flip off” or give others the bird in public, I often wondered if it was actually legal. Oddly, while I have been a criminal defense lawyer since 2004, I didn’t actually know the answer to that question until recently. Just because many people do it doesn’t mean… view more

IUP Students Copy Penn State – Create IUPatty’s Day

Posted in General on January 12, 2015

By Jason Dunkle on G+ I was very surprised to discover that students at the Indiana University of Pennsylvania (IUP) have tried to start their own student sponsored all-day drinking event call IUPatty’s Day, most likely modeled after the infamous, and  much hated, State Patty’s Day at Penn State. While IUPatty’s Day had an event… view more

Life Sentence Imposed for Possessor of Kiddie Porn

Posted in Appeal,General on January 12, 2015

By Jason Dunkle on G+ A federal appeals court in Philadelphia recently upheld a life sentence imposed on a Delaware man after he was convicted of possession of child pornography, attempting to produce child pornography, and attempting to coerce and entice a child to commit a violation of the law. In eight years of being… view more

Mechanic Failed to Fix Brakes – Convicted of Reckless Endangering and Manslaughter After Accident

Posted in General,Recklessly Endangering Another Person on January 12, 2015

By Jason Dunkle on G+ A recent Pennsylvania Superior Court decision considered whether sufficient evidence was presented to support a mechanic’s convictions of Recklessly Endangering Another Person and Involuntary Manslaughter after the mechanic allegedly failed to fix brakes on a van. In the case, captioned Commonwealth v.  Fabian, the mechanic worked for a company that… view more

Pennsylvania’s Rejection of Automobile Exception to Warrant Requirement Questioned

Posted in Constitutional Rights,General on January 12, 2015

By Jason Dunkle on G+ I recently spent a Thursday evening watching taped oral arguments from lawyers before the Pennsylvania Supreme Court on the Pennsylvania Cable Network. In the case of Commonwealth v. Gary, the Court is considering whether or not it should adopt the Federal standard regarding the search of automobiles, generally referred to… view more