Advice for Lindsay Lohan.
Number 470
Your strategy is not working. Hold a press conference before you go into the slammer and announce that you have decided to grow up and get off drugs. Then serve your time with dignity and no complaints. Get rid of the nail polish.
CLT
Fourth Amendment and DUI: Blood Tests at the Hospital.
On May 24, 2010 the Superior Court of Pennsylvania, sitting en banc, held that the trial court had erred in suppressing blood test results taken by hospital staff because in the absence of specific indications to the contrary, it is presumed that the blood was drawn for independent medical purposes, not for the purpose of convicting defendant and could, by statute, be obtained by police with a search warrant. Commonwealth v. Keith A. Miller, No. 884 MDA 2008.
EXCUSE ME, EVERYBODY, BUT A SUSPECT IS STILL JUST A SUSPECT: LIMITING MIRANDA.
I will bet the first person to contact me with a contrary comment, a month of (modestly priced) lunches that any legislation seeking to permit a citizen to be convicted on a confession deliberately obtained without a Miranda warning will not make it past the United States Supreme Court, regardless of the ideological composition of the Court at the time.
Another Encore Post on Roethlisberger, from March 10.
Be patient. Think of it as a spellbinding mystery story, a real page turner, still in the early chapters, at a time when most of the clues have not been revealed.
Encore Post: Here’s What I said About the Roethlisberger Case On March 7.
Recently, the story of an accusation of sexual assault at a nightclub in a Georgia college town hit the news before there was any substantive news to hit. The fact that one of the participants in the events of that evening was Ben Roethlisberger set off big time news coverage, despite the fact that no official accusation has been made by the police. No one has been arrested and no one has been charged.
Deportation or Jail? The Padilla Case.
The allegation of ineffective assistance of counsel is a primary avenue to a new trial following guilty plea or a conviction. A waiver of trial by pleading guilty must be knowing and courts frequently make queries on the record to establish that a guilty plea was given with full knowledge. Advice as to collateral matters, such as deportation, has not ordinarily been considered by courts in determining effective assistance. But now it must.
#bonusgate tweets away.
Chances are, though, that most judges will follow the lead of Westmoreland County and ban tweeting from the courtroom, especially during the solemn moments when the jury announces the verdict.
If we never again see a tweetfest in court during the jury verdict, we saw it tonight.
Garland Predicts Roethlisberger Will not be Charged. How Could that Happen? Here’s How.
Mr. Garland, in case you hadn’t noticed, not only stated that his client was completely innocent of any crime, but predicts that at the end of the investigation his client will not even be charged with a crime.
Roethlisberger Media Coverage: A Refresher on the Presumption of Innocence.
Recently, the story of an accusation of sexual assault at a nightclub in a Georgia college town hit the news before there was any substantive news to hit. The fact that one of the participants was Ben Roethlisberger set off big time news coverage, despite the fact that no official accusation has been made by the police. No one has been arrested and no one has been charged.
ENCORE POST: Sermon from the Foothills of the Beer Summit.
As we celebrate our new look at PLBT, here is a post written at the time of the “Beer Summit”. The President invited Professor Gates and his arresting officer to the White House for a beer. That’s fine if you are a celeb. But for the rest of us, don’t do anything to provoke the [...]
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CLIFF TUTTLE has been a Pennsylvania lawyer for over 36 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.
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