Mark Shubin

Attorney Shubin's work has appeared in several major media outlets, including: New York Times, Philadelphia Inquirer, Harrisburg Patriot News, Allentown Morning Call, The Pittsburgh Post Gazette, Centre Daily Times, The Collegian, Blue (news magazine), as well as on local and nation television and radio affiliates, including public radio and Court TV. Here are some articles that feature Attorney Shubin’s cases and opinions.

Community must find solutions together

FOCUS ON EXCESSIVE DRINKING

Community must find solutions together

One irony about the problem of dangerous drinking among Penn State students is that it can be either a wedge dividing town and gown or a common cause that binds our community as one.

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New policy for IFC recruitment

IFC will enforce alcohol-free recruitment events starting this semester.
By Colleen Boyle and Jourdan Cole, Collegian Staff Writers
The Interfraternity Council (IFC) announced Sunday all spring recruitment events will be alcohol-free, which comes on the heels of a two-month-old social policy tightening the rules for all social events.

STATE COLLEGE Council targets rowdy parties

STATE COLLEGE — Council on Monday began to look at a “nuisance gathering ordinance” intended to give police a new way to cite hosts with summary offenses if their guests break the law.

Police Chief Tom King told council the intent is not to replace laws but to add to what police have to work with now.

“We’re looking for additional ways for a local ordinance to supplement the crimes code,” he said. “When we can’t absolutely prove who furnished the alcohol … then tenants or property owners are responsible.” Read the rest of this entry »

Our View First Amendment prevails

Attorney Andrew Shubin called the case “doomed from the beginning,” yet a Daily Collegian photographer faced misdemeanor charges for months after the October 2008 downtown State College riot.
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Remaining charge dismissed

A judge dismissed Wednesday the remaining charge against a Daily Collegian photographer who was arrested while on assignment photographing the Oct. 25 riot following a Penn State football team victory over Ohio State.

Citing “unclear” evidence, Centre County Judge David E. Grine dismissed the failure to disperse charge against the photographer, Michael R. Felletter, according to Grine’s ruling.

“The justice system did its part,” Felletter (senior-visual journalism) said. “Hopefully, journalists will feel freer to go out and gather the news without fearing they’ll be charged for breaking the law.”

Now Centre County officials are reviewing Grine’s ruling to determine whether to appeal or re-file the charges against Felletter, Centre County District Attorney Michael Madeira wrote in an e-mail.

Felletter photographed the riot, during which thousands of Penn State students flooded Beaver Canyon. Police initially arrested 14 people in connection with the incident.

Police said Felletter’s photographing caused the crowd to become “more exuberant, excited and destructive,” according to the criminal complaint.

It is unclear whether Felletter was following police orders to disperse when they arrested him, according to the ruling.

Grine ruled it is uncertain whether Felletter’s compliance with police orders to “move along” was adequate when he moved from the street to sidewalk.

Additionally, Grine blamed the rioters for their behavior — not Felletter, according to the ruling.

Felletter’s Attorney, Andrew Shubin, who represented Felletter for free, said the ruling represented a victory for journalists and the First Amendment.

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Campus photog cleared in Penn St disturbance

 

In the July 23, 2009, Philadelphia Inquirer

The Associated Press

BELLEFONTE, Pa. – A judge dismissed the remaining misdemeanor charge against a photographer for the independent campus newspaper at Penn State in connection with an unruly fan celebration in State College.

Prosecutors had dropped five of six misdemeanors against photographer Michael Felletter earlier this year following the Oct. 25 disturbance after the Nittany Lions’ football win at Ohio State.

A sixth count, for failing to disperse, was dismissed Wednesday by a Centre County judge.

Felletter’s lawyer (Andrew Shubin, from State College, PA) said the student was just doing his job as a member of the press.

Authorities had initially charged about 20 people in connection with the disturbance, and several were charged with felony riot.

Lawsuit filed over suicide at Blair’s jail

Inmate’s wife claims authorities failed to follow procedure
and monitor husband
By Phil Ray
JOHNSTOWN — The wife of a man who committed suicide while incarcerated at Blair County Prison has filed a federal lawsuit contending that jail authorities violated procedures by not placing him on suicide watch. Jeremy Shane Corbin, 32, of Bellwood used a bedsheet to hang himself in his cell in October.

At the time, the jail contained 313 inmates, and some were housed in the gymnasium.  Corbin was in jail on an allegation that he violated a protection-fromabuse order issued Oct. 9.  County officials said Corbin was upset because he couldn’t see his children because of the PFA order.  According to the lawsuit, Corbin told sheriff’s deputies transporting him to a hearing that he was suicidal, the lawsuit stated.

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Penn State: Professors, students join 5-month vandalism battle at Penn State.

OPYRIGHT 2007 Financial Times Ltd.

(From University Wire)

Byline: Alyssa Owens

Although an extensive debate between Pennsylvania State University Judicial Affairs and Olivia Guevara ended last week, the motives behind her prosecution are still being questioned.

Over the past five months, Guevara, a graduate student in the department of labor, has repeatedly challenged Penn State’s decision to prosecute her for vandalism and accused the university of singling her out to squelch her anti-sweatshop activism.

The battle has grown to involve 48 professors, labor departments from other universities, labor unions, concerned students from across the country and a local attorney who said Guevara’s First Amendment rights were at risk.

The charges stem from an incident on Sept. 27, when Guevara and several other activists chalked anti-sweatshop messages on several university buildings, including Old Main. Criminal charges against Guevara were dismissed because of a lack of evidence. However, Judicial Affairs asked for damage fees and issued a seven-year citation on her academic record.

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Attorney requests deleted e-mails: Messages concerned Penn State student charged with riot

By Kevin Cirilli, Daily Collegian

Collegian Staff Writer

 

The defense attorney for a Penn State student charged with felony riot is requesting the court obtain authorities’ computers because he believes police may have illegally deleted evidence.

Andrew Shubin, the attorney for former Collegian photographer Maxwell C. Kruger, filed a motion Thursday requesting that the court order Patton Township Officer Jeff McElrath and State College Police Department Detective Ken Ferron to turn over their computers so deleted e-mails about the defendant can be recovered, according to the motion.

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United States District Court Order Granting Suppression Motion

What follows is the Order of the United States District Court, Middle District of Pennsylvania, granting the defendant’s motion to suppress physical evidence.

MEMORANDUM AND ORDER. December 22, 2006

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Pending before the Court are various suppression motions filed by the above-named Defendants in this action. The pending motions are as follows: Defendant Leon Glaspie’s Motion to Suppress (doc. 49) filed on December 1, 2005; Defendant Jerome George’s Motion to Suppress (doc. 66) filed on February 23, 2006; Defendant Leon Glaspie’s Supplemental Suppression Motion (doc. 87) filed on March 17, 2006; Defendant Jerome George’s Supplemental Suppression Motion (doc. 102) filed on April 4, 2006 and; Defendant Leon Glaspie’s Second Supplemental Motion to Suppress (doc. 109) filed on April 17, 2006.
By previous Order of Court dated October 10, 2006 we granted Defendant Markeif Fields’ and Jerome Georges’ individual Motions to join in their co-Defendant Leon Glaspie’s suppression motions. (Rec. Doc. 242).

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