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Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges
Loaded on Dec. 15, 2025
by Matthew Clarke
published in Criminal Legal News
January, 2026, page 46
Filed under:
Pending Appeal/Sentencing,
Statutory Construction/Interpretation,
Revocation Proceedings,
Credits.
Location:
Pennsylvania.
by Matthew Clarke
Addressing an issue of first impression, the Supreme Court of Pennsylvania held that a defendant held on a probation detainer after posting bail on new charges is entitled to credit for that time against his new sentence where the detainer was triggered by the same …
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More from this issue:
- Zombie Forensics: Discredited Science Stalking the Courtroom, by Chuck Sharman
- New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye, by David Kim
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, by Douglas Ankney
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, by David Kim
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, by Sagi Schwartzberg
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, by Anthony Accurso
- When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases, by Richard Resch
- Jury Returns Record $80 Million Verdict for Wrongful Conviction Based on DA Misconduct, by Jo Ellen Nott
- Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data, by David Kim
- Seventh Circuit Announces One-Year Time Limit in Rule 35(b) Is Nonjurisdictional Claim-Processing Rule, Overruling Prior Precedent in Light of Supreme Court’s Hamer Decision, by David Kim
- California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, by Sagi Schwartzberg
- Police AI and “Sycophancy”: New Evidence Tools May Tell Cops Exactly What They Want to Hear, by Michael Thompson
- Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police, by Sagi Schwartzberg
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, by Richard Resch
- Pennsylvania Supreme Court Announces Presentence Confinement on Probation Detainer Must Be Credited to New Sentence Where Same Conduct Triggered Both Detainer and New Charges, by Matthew Clarke
- The Legal Fight for Homeowner Compensation After SWAT Raids, by Jo Ellen Nott
- Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, by David Kim
- NEWS IN BRIEF
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026. Abuse of Discretion Standard, Insufficiency of the Evidence, Statutory Construction/Interpretation, Compassionate Release.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Colorado Grants, Then Revokes Earned Time Credits, Oct. 1, 2026. Rehabilitation/Recidivism, Prior Conviction/Sentence/Incarceration, Credits, Concurrent and Consecutive Sentences.
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026. Constitution, state, Pretrial Detention and Detainees, Pending Appeal/Sentencing.
- Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, Sept. 1, 2026. Conspiracies, Attempts, Solicitations, Qualifying Offenses, Statutory Construction/Interpretation, Sentence Enhancements/Departures, Predicate Acts/Offenses.
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
- Audit of Louisiana DOC Finds Fault with Prisoner Release Calculation System, Aug. 1, 2026. DOC/BOP misconduct, Corrections Audits, Credits.
- Colorado Governor Signs Bill to Expand Earned Time Credits and Other Measures, Aug. 1, 2026. Overcrowding, Overdetention, State Legislation, Credits, Reduction of Prison Population.
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026. Prison Labor, Control Units/SHU/Solitary Confinement, Statutory Construction/Interpretation, Immigration Detention, Monell Liability.
