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Jerry Lynch succeeds in Constitutionality of Mandatories Argument

The Law firm of Rudinski Orso and Lynch received a fifteen page Order, signed by all five Lycoming County Judges after an En Blanc hearing.  The brief applies the holding of United States v. Alleyne to Pennsylvania mandatory minimum statutes, striking them as unconstitutional and non-servable.  The court found that section 6317 (relating to drug free school zone) and 7508 (relating to drug trafficking sentencing and penalties) are unconstitutional and it cannot impose mandatory sentence pursuant thereto unless or until the legislature rewrites the statutes. The full brief can be found below.  The court ended the order by stating that the commonwealth’s motion to amend the information in these cases will be denied.

02.07.14.Opinion_and_Order.pdf

February 7, 2014 Categories: Criminal, Trial and Litigation, Firm News