Mark Shubin

Archive for the ‘Penn State and Students’ Category

Underage drinking fines in Pennsylvania will go up on holiday

Monday, December 10th, 2012

By Adam Brandolph
Pittsburgh Tribune-Review

A stiff drink will lead to stiffer fines for underage Pennsylvanians caught imbibing after Christmas Eve.

A state law that goes into effect on Dec. 25 increases the maximum fine for first offenses to $500 from $300 and subsequent offenses to $1,000 from $500. Gov. Tom Corbett signed the bill into law in November.

“The more obstacles or barriers there are for the use of a substance, generally the less use there will be,” said Dr. Neil Capretto, medical director of Gateway Rehabilitation Center in Moon, which treats people for alcoholism and other substance abuse. “Any time you increase penalties, it has an impact on use.”
The legislation intends to deter underage drinking around college and university campuses, said state Sen. Wayne Fontana, D-Brookline, one of the bill’s co-sponsors. (more…)

Expungement reform: a second chance for people convicted of low-level offenses

Monday, January 16th, 2012
Thousands in Pennsylvania could move on from past mistakes
Monday, January 09, 2012
By Mathew K. Higbee

At a time when the federal government is spending billions of dollars bailing out banks, manufacturers and foreign governments, Pennsylvania should take the opportunity to give thousands of Pennsylvanians a second chance by modernizing the way it treats criminal records. State Sen. Tim Solobay, D-Canonsburg, has introduced Senate Bill 1220 to do just that.

The process by which people can apply to a court to have a criminal record removed from public view, called expungement, is currently not available to people convicted of even the lowest level of misdemeanors. This leaves tens of thousands of people branded for life as criminals in Pennsylvania.

If SB 1220 is enacted, Pennsylvania will join a growing list of states that have modernized their laws to reduce the period during which the consequences of a criminal record can continue to prejudice people convicted of low-level offenses. The bill won unanimous support in committee on Sept. 27, and Sen. Solobay said he is hoping the bill will soon win approval from the full Senate.

SB 1220 would allow people who were convicted of second- or third-degree misdemeanors to have those records expunged after a certain period. For third-degree misdemeanor convictions, the required waiting period without arrests or convictions would be seven years. For second-degree misdemeanors, that waiting period would be increased to 10 years. (more…)

Inmate’s Suicide Debated at Trial

Wednesday, August 10th, 2011

July 27, 2011

By Phil Ray (pray@altoonamirror.com)
The Altoona Mirror

JOHNSTOWN - The suicide of a Blair County Prison inmate was “predictable” and “preventable,” an attorney for the man’s family told a federal jury Tuesday

Jeremy Corbin, 32, of Bellwood suffered from severe depression and other mental health issues when he was admitted to prison on the morning of Oct. 18, 2006, and tests administered by a corrections officer showed that Corbin was a suicide risk, attorney Andrew J. Shubin of State College said.

Corbin was placed in a special cell for inmates at risk but was released later that day into the general jail population by the prison’s forensic specialist, Jennifer Feathers, who determined he wasn’t at a risk.

Two days later, Corbin ended his life by using a bed sheet in his cell to hang himself.

During an emotional opening statement, Shubin said that had Corbin been allowed to stay in the suicide prevention cell in the prison, which had no bed sheets, he may be alive today.

The jury was shown a picture of Corbin and his family in better times, just two years before his suicide, when the family moved into a new home in Bellwood.

Pictures of the cells in which Corbin was housed in the Blair County Prison were displayed. (more…)

State College police report higher than normal alcohol-related calls

Tuesday, September 14th, 2010

Sara Ganim
August 30, 2010
STATE COLLEGE — Two weekends into the fall semester, State College police say they are seeing a higher than normal number of alcohol-related calls downtown.

“This is a non-football weekend, not a special event,” said State College police Lt. Chris Fishel. “And we still had 88 people cited for various offenses.”

It comes as university officials are imposing harsher penalties for excessive drinking.

Vice President for Student Affairs Damon Sims said Monday that this year for the first time, any student cited for underage drinking will now have to go through the university’s judicial affairs process, along with paying the criminal fine. (more…)

Student charged in riot enters into ARD

Tuesday, April 6th, 2010

Former Daily Collegian photographer Maxwell Kruger, Class of 2009, entered the Accelerated Rehabilitative Disposition (ARD) program Monday at the Centre County Courthouse, ending the two years he spent in the Centre County legal system in connection to the 2008 Ohio State riot.

Kruger, who was not on the Collegian staff at the time of the riot, was charged in 2008 with two counts of felony riot, failure to disperse, disorderly conduct and criminal mischief, according to court documents.

But in September 2009 both felony counts and the count of misdemeanor failure to disperse were dismissed, according to court documents.

Kruger’s attorney Andrew Shubin did not comment on the terms of Kruger’s entrance into the ARD program, but he said this leaves Kruger with no criminal history in connection to the riot.

Parks Miller dropping case of photographer

Tuesday, March 16th, 2010

Sara Ganim - centredaily.com

BELLEFONTE — District Attorney Stacy Parks Miller will not pursue a criminal case against a student photographer charged with ignoring police orders to leave the 2008 State College riot that he was covering for the Daily Collegian newspaper.

In a prepared statement Thursday, Parks Miller said it’s in “the interest of justice” that she not continue the appeal started by her predecessor Michael Madeira.

Madeira had approved charges of inciting the crowd of thousands that gathered in Beaver Canyon after Penn State’s football team beat Ohio State that year. Police also charged photographer Michael Felletter with not leaving when police ordered.

Felletter was on assignment for the Penn State student newspaper. Police said that by taking pictures with large equipment, he was encouraging the crowd to act more rowdy.

The charges were thrown out by a judge, but Madeira appealed the case to the state Superior Court in August. Thursday, Parks Miller sent a letter to the Superior Court saying she will not continue the appeal.

“I’m really proud of him for fighting this fight and for not backing down and for understanding,” said Felletter’s attorney Andrew Shubin. “It shows a level of sophistication for a college student to understand the level of importance for fighting this fight and not giving in. I really do think that Michael understood he was fighting this not just for his own career but for the principles.”
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Shubin, who represented Felletter for free through the ACLU, has been fighting these charges since Felletter’s arrest, saying the arrest and charge are violations of Felletter’s First Amendment rights.

He said he appreciates the “careful and considerate review of the constitutional principles” by Parks Miller, who, in her campaign against Madeira last year, cited this case as one with which Madeira was wasting resources and exercising poor judgment.

The end of this case, Shubin says, “validates the long-standing First Amendment protections afforded by the courts to the media and their vital role in collecting and disseminating news.”

Parks Miller said in her press release that “while the police always have the ability to tell people to disperse in dangerous crowd situations and people should comply with those directives for safety reasons, based upon the specific facts of record in this particular case, we have chosen to discontinue this appeal.”

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Case against Photographer Dropped by DA

Tuesday, March 16th, 2010

By Greg Galiffa- Collegian Staff Writer

Penn State student and Daily Collegian photographer Michael Felletter finally got the news he has been waiting a year and a half to hear — charges filed against him stemming from the 2008 riot were dismissed.

In a March 11 press release, Centre County District Attorney Stacy Parks Miller announced she filed a motion to drop an appeal for the case, ending a protracted legal battle against Felletter.

“For almost two years now, I’ve been put through this judicial system, and now it is finally done,” Felletter (senior-visual journalism) wrote in an e-mail. “I feel closure.” (more…)

Attorney Andrew Shubin Wins Dismissal in First Amendment Student Photographer Case

Friday, March 12th, 2010

2008 STATE COLLEGE RIOT
Parks Miller dropping case of photographer
Sara Ganim

BELLEFONTE — District Attorney Stacy Parks Miller will not pursue a criminal case against a student photographer charged with ignoring police orders to leave the 2008 State College riot that he was covering for the Daily Collegian newspaper.

In a prepared statement Thursday, Parks Miller said it’s in “the interest of justice” that she not continue the appeal started by her predecessor Michael Madeira.

Madeira had approved charges of inciting the crowd of thousands that gathered in Beaver Canyon after Penn State’s football team beat Ohio State that year. Police also charged photographer Michael Felletter with not leaving when police ordered.

Felletter was on assignment for the Penn State student newspaper. Police said that by taking pictures with large equipment, he was encouraging the crowd to act more rowdy.

The charges were thrown out by a judge, but Madeira appealed the case to the state Superior Court in August. Thursday, Parks Miller sent a letter to the Superior Court saying she will not continue the appeal.

“I’m really proud of him for fighting this fight and for not backing down and for understanding,” said Felletter’s attorney Andrew Shubin. “It shows a level of sophistication for a college student to understand the level of importance for fighting this fight and not giving in. I really do think that Michael understood he was fighting this not just for his own career but for the principles.”
(more…)

Drug law challenged: Broad guidelines include bus stops, PSU property

Sunday, October 25th, 2009

Sara Ganim
STATE COLLEGE — Scott Marion never thought selling $35 worth of marijuana to a college buddy might land him in state prison for more than two years.

Sentencing guidelines for that kind of crime call for probation to 30 days in county jail — with one huge exception.

If you are caught selling drugs within 1,000 feet of a school, state law says prosecutors can seek a two-year mandatory minimum sentence.

(more…)

Attorney Andrew Shubin Succeeds in Getting All Charges Against Fraternity Dismissed

Wednesday, September 30th, 2009

September 30, 2009, Bellefonte, PA

District Justice Carmine Prestia dismissed furnishing alcohol to minors and related alcohol violations against Tau Epsilon Phi after a preliminary hearing in Centre County Central Criminal Court. The State College Police charged the fraternity with misdemeanors following a summer party at the house. The Commonwealth called an eighteen year old student, who had been cited for underage drinking and disorderly conduct after being caught urinating in bushes, to testify against the fraternity in return for favorable consideration from the District Attorney’s office. The student testified that he drank several beers at the fraternity house. The court agreed with Attorney Andrew Shubin’s argument that there was insufficient evidence linking the fraternity as a corporate entity to any criminal wrongdoing and dismissed all charges.

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