(DOWNLOAD) "Commonwealth Pennsylvania v. Derek Ellis" by At Nashville Court Of Criminal Appeals Of Tennessee ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Derek Ellis
- Author : At Nashville Court Of Criminal Appeals Of Tennessee
- Release Date : January 19, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is an appeal from an order of the Superior Court affirming a judgment of sentence entered against petitioner in the Court of Common Pleas of Allegheny County, Criminal Division, following his conviction for one count of Burglary, 18 Pa.C.S. § 3502. The issues presented concern whether the police illegally seized Appellant and certain items of evidence in his possession after initiating a valid investigatory stop. If we determine that an illegal seizure occurred, we must also find that the Superior Court erred in holding Appellants trial counsel was not ineffective for failing to file a motion to suppress the fruits of the illegal detention. If, however, we find that Appellant was not illegally detained, we must affirm the Superior Courts Conclusion that Appellants trial counsel was not ineffective for failing to challenge the detention. Finally, if we conclude that the police illegally removed evidence from Appellants vehicle, we must reverse the holding of the Superior Court and remand the case for a new trial. After reviewing the record, the arguments of counsel, and the relevant case law we affirm the holding of the Superior Court.