In Pennsylvania death penalty cases, where the prosecution is seeking the death penalty, the prosecution must prove that there is an aggravating factor present to warrant the death penalty. The PA Legislature set forth a list of factors that are deemed aggravating for...
Pennsylvania’s List of Mitigating Factors in Death Penalty Cases
by Bellwoar Kelly, LLP | May 14, 2014 | Injuries
In Pennsylvania death penalty cases, the Legislature created a statute outlining mitigating circumstances a jury shall consider when determining whether to impose a sentence of death or life. There are (8) factors to be considered: defendant has no significant...
Mere presence defense under Pennsylvania law
by Bellwoar Kelly, LLP | May 6, 2014 | Criminal Defense
PRESENCE AT CRIME SCENE NOT ENOUGH FOR GUILT Mere presence of an individual at scene of a crime is not a sufficient circumstance upon which a finding of guilt may be predicated. Com. v. Keller, 378 A.2d 347, 249 Pa.Super. 384, 1977; Com. v. Manson, 327 A.2d 182, 230...
Basics of a PCRA Petition under Pennsylvania law
by Bellwoar Kelly, LLP | May 2, 2014 | Criminal Defense
A PCRA is a petition which a Defendant may challenge challenging his attorney's effectiveness. 42 Pa.C.S.A. § 9545(b) requires that a PCRA petition be filed within one year of the date judgment becomes final. This requirement has three exceptions...