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The loud house rule 34

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CourtListener is a project of Free Law Project , a federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: March 10th, Precedential Status: Precedential. Citations: None known. Docket Number: WDA Your Notes edit none. Cited By This case has not yet been cited in our system. Authorities 6 This opinion cites: Cox v. Louisiana, U. Ohio, U. Goldblum, A. Kratsas, A. Hart, 28 A. Please support our work with a donation.

Smith and Trooper Robert Cox were working the midnight to 8[] A. The Pennsylvania State Police received a noise complaint about shooting at around A. The State Police dispatch contacted [appellant] and requested him to proceed to a nearby Dollar General so the responding 1 18 Pa.

Trooper Smith had been involved with a previous call in March of that year where he and another officer warned [appellant] to not shoot his firearm at that time of night or he would probably be cited. The same procedure of meeting at the Dollar General was used in the prior incident. Returning to the night of the charged behavior, at A. Argiro testified [appellant] would fire his gun in the general orientation towards his residence, not to shoot at the residence, but such that he could see the light from the muzzle flash.

Argiro did not see a flash on the particular incident in question. Argiro also testified that [appellant] does not shoot during the daytime, only in the early morning. While it was clear Argiro and [appellant] were having a personal dispute and some of the Argiro testimony was disputed, this court credited these basic facts as credible. When contacted about the shooting on April 5, [] Trooper Smith indicated the reason [appellant] gave for shooting at that time was because he did not like some lights [that] shone into his bedroom and disturbed his sleep.

This court credited Trooper Smith as credible. On January 29, , appellant proceeded to a trial de novo and was found guilty of one count of disorderly conduct in violation of Section a 2. The trial court found appellant not guilty of disorderly conduct under Sections a 1 , 3 , and 4. This timely pro se appeal followed. Was the evidence sufficient to prove that [a]ppellant intentionally caused or recklessly risked a public inconvenience, annoyance or alarm by target shooting on his five acre property in a rural neighborhood where target shooting and hunting is common?

Does 34 P[a. Was 18 P[a. We disagree. Forrey, A. Section a of the Game and Wildlife Code governs restrictions on shooting and provides as follows: a General rule. Specifically, Section b 4 provides as follows: b Exceptions. Target shooting shall only be lawful when it is done: i Upon property owned by the shooter or by a guest of the property owner. See Forrey, A. Appellant was not charged with violating Section a , and accordingly, his claim is meritless.

In a related claim, appellant contends that the trial court erred in failing to interpret 35 P. Again, we disagree. When addressing a question of statutory construction, our standard of review is de novo and the scope of our review is plenary. Commonwealth v. Barbaro, 94 A. Interpretation of a statute is guided by the polestar principles set forth in the Statutory Construction Act, 1 Pa.

Hart, [ 28 A. Markun, A. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges. The interpretation of Section urged by appellant is clearly unreasonable. If that interpretation were followed, it would favor the private interest of the owner of such a shooting range over the interests of all adjoining landowners. Judgment of sentence affirmed. Judgment Entered.

Joseph D. Seletyn, Esq. Miller, Esq. April 12, This Opinion is authored pursuant to Pa. Brian Paul Simpson appealed to the Court of Common Pleas from the guilty finding by the magisterial district judge. This court held a de novo trial on January 29, This court found Simpson guilty of violating 18 Pa. Simpson filed a notice of appeal on February 26, This court ordered the preparation of a Pa.

Simpson filed the Concise Statement on March 21, raising six errors. State Police. The State Police dispatch contacted Simpson and requested him to proceed to a nearby Dollar General so the responding officers could speak to him safely. Trooper Smith had been involved with a previous call in March of that year where he and another officer warned Simpson to not shoot his firearm at that time of night or he would probably be cited.

Simpson was not charged based on this prior incident. Argiro testified Simpson would fire his gun in the general orientation towards his residence, not to shoot at the residence, but such that he could see the light from the muzzle flash. When contacted about the shooting on April 5, Trooper Smith indicated the reason Simpson gave for shooting at that time was because he did not like some lights which shone into his bedroom and disturbed his sleep.

Did the citation comport with D. Simpson's first claim of error is that this court violated his due process rights because the original citation and this court's guilty finding with regard to Section a 2 do not comport with the requirement of a formal charge under the Sixth Amendment to the United States Constitution.

Simpson is correct that the right to formal charges is guaranteed under the Sixth Amendment. Formal accusation and specific charge enables a defendant to properly defend and protect himself from further prosecution of the same offense, and enables the court to determine the sufficiency of the prosecution's case to support a conviction.

Borriello, A. For summary offenses, Pa. T, January 29, , p. As these subsections all relate to very different fact patterns under the general umbrella of disorderly conduct, the citation plainly violates the requirement that the defendant is given notice of the specific section and subsection under which he is charged. The remedy for violation of this rule is not universally dismissal. Actual prejudice against the defendant is required for that remedy.

Nicely, A. As to subsection a 6 , Rule 53 and its replacement Rule are facsimiles. Section a 2 is the sole section which dealt with noise. The superfluous charging of the other subsections did not cause prejudice to Simpson, and his citation should not be dismissed on this basis. The second claim of error by Simpson consists of two subclaims. Did the C. First is the general claim he did not have the intent required under Section The intent element of Section requires the Commonwealth to prove, at a minimum, the defendant recklessly created a risk of public inconvenience, annoyance, or alarm.

In Com. Alpha Epsilon Pi, A. Here, a music sound system was operated at 11 at night [on a Wednesday , from a dwelling house with the windows open, such that the sound was heard by a resident living on a parallel street one block distant, and the sound continued such that it was readily heard by an investigating police officer at a distance of fifty yards from the house. These facts are sufficient to permit the trier of fact to find a reckless disregard for public inconvenience and annoyance. Here, a gun was fired multiple times at around A.

The shots were fired outside and were heard from a residence around yards away. This specific grievance and Simpson's response to that grievance further support the conclusion he had intent to cause public inconvenience, annoyance, or alarm. Does the due process reliance doctrine bar the prosecution? The second subclaim is that the North Beaver Township Police told him his shooting was legal, and that controls the outcome of this case. The due process reliance doctrine, sometimes called entrapment by estoppel, is an exception to the maxim that mistake of law is no defense and is raised when a defendant alleges he relied on official statements which affirmed the legality of certain behavior.



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