Mark Shubin

Posts Tagged ‘Criminal Defense’

The Web Means the End of Forgetting

Friday, July 30th, 2010

By JEFFREY ROSEN
Published: July 19, 2010

Four years ago, Stacy Snyder, then a 25-year-old teacher in training at Conestoga Valley High School in Lancaster, Pa., posted a photo on her MySpace page that showed her at a party wearing a pirate hat and drinking from a plastic cup, with the caption “Drunken Pirate.” After discovering the page, her supervisor at the high school told her the photo was “unprofessional,” and the dean of Millersville University School of Education, where Snyder was enrolled, said she was promoting drinking in virtual view of her under-age students. As a result, days before Snyder’s scheduled graduation, the university denied her a teaching degree. Snyder sued, arguing that the university had violated her First Amendment rights by penalizing her for her (perfectly legal) after-hours behavior. But in 2008, a federal district judge rejected the claim, saying that because Snyder was a public employee whose photo didn’t relate to matters of public concern, her “Drunken Pirate” post was not protected speech.
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Study pushes repeal of mandatory minimum sentences for school zones

Tuesday, July 13th, 2010

BY TERESA ANN BOECKEL
Daily Record/Sunday News
Updated: 07/10/2010 11:27:54 PM EDT

York County’s district attorney likes having the option; defense lawyers would like to see the mandatory minimum repealed.

Most of the City of York falls within a drug-free school zone, so an adult convicted of even a first-time offense could face time in state prison.

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PA Supreme Court Grants Attorney Andrew Shubin’s Petition for Allowance of Appeal in Commonwealth v. Zortman

Monday, June 28th, 2010

On April 16, 2010, the Pennsylvania Supreme Court granted Attorney Andrew Shubin’s petition for allocatur in Commonwealth v. Zortman, a 2006 drug trafficking case prosecuted by the Attorney General’s office. The Supreme Court will hear argument on whether Zortman, the then girlfriend of a Clearfield County drug dealer, should be hit with a five year mandatory minimum state prison sentence based upon the presence of an inoperable firearm in the residence. Shubin, who represented Zortman in the appellate proceedings, expects the case to be briefed and argued before the end of the year.

DUI record can keep you barred from Canada

Monday, June 28th, 2010

By Erik Lacitis
The Seattle Times | Posted: Sunday, September 20, 2009 12:00 am

The crew of the Victoria Clipper, the ferry that makes round trips between Seattle and that city on Vancouver Island, frequently sees the effects of Canada’s strict driving-under-the-influence laws.

During the May-to-September peak tourist season, four to five passengers a week are turned back by Canadian border agents at the Victoria dock.

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Pending Legislation Amending and Expanding Expungement Opportunities

Monday, June 21st, 2010

Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further providing for expungement of criminal history record and for juvenile records; and providing for expungement fee.
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Penn State Alcohol Debate Turns to Action

Sunday, June 6th, 2010

Sara Ganim and Anne Danahy Centre Daily Times

STATE COLLEGE — The night that freshman Joseph Dado was found dead at the bottom of a campus stairwell, Penn State’s vice president for student affairs, Damon Sims, says he made a conscious decision not to have a knee-jerk reaction.
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State College’s Mayor Writes Letter to the Editor Regarding Underage Drinking and Student Alcohol Use

Wednesday, April 21st, 2010

In taking leadership stand, we must welcome students
Elizabeth Goreham

From its beginning State College has been a college town welcoming students and embracing their traditions. That is why our fraternity district was built within a neighborhood where professors and their families lived, frequently with student tenants. Our downtown grew naturally across the street from Penn State.

Over time the increase of students outpaced the population of the town and now students outnumber permanent residents. This makes the once easy connection with students more difficult, sometimes impossible. Still, just about everybody who lives here has a proud connection to Penn State.

Student life commonly includes drinking. In the past few years, however, dangerous drinking has accelerated. Issues related to alcohol abuse threaten the high standard of living neighborhoods have traditionally enjoyed.
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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.

Community must find solutions together

Tuesday, January 19th, 2010

FOCUS ON EXCESSIVE DRINKING
Community must find solutions together
Damon Sims and Tom Fountaine

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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Underage Citation Dismissal Resulting From Uncalibrated PBT Device

Thursday, January 14th, 2010

The Pennsylvania Superior Court dismissed a Montgomery County Underage Drinking citation where the Commonwealth relied on PBT results as the primary evidence of a sixteen year old’s guilt and introduced no evidence that the device had been calibrated as required by Pennsylvania law. 

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