The Pennsylvania Supreme Court has stuck down mandatory minimum sentencing for selling drugs within 1,000 feet of a school. The decision seems to put in jeopardy the application of mandatory minimum sentences by a judge by a preponderance of the evidence, upon notice by the district attorney. The decision relies on the U.S. Supreme Court decision in Alleyne v. United States, ___ U.S. ___ , 133 S.Ct. 2151 (2013). Read my recent column in the Pennsylvania Law Weekly on a related matter.
The Pennsylvania decision written by Justice Debra Todd is Commonwealth v. Kyle Joseph Hopkins, 98 MAP 2013.
To read the full opinion CLICK HERE
Michael Thomas Gargiulo, Pretrial Hearing 43
2 days ago