Com. v. Casseem Cain
Mar 12, 2013OUTCOME: The defendant was found to be only in technical violation of his probation and was ordered to be immediately released.
Mr. Cain was being held on a probation detainer in Delaware County. The basis of the detainer was an arrest in Philadelphia, where his Philadelphia counsel had successfully litigated a Motion to Suppr ... ess Evidence on Mr. Cain's behalf. An arrest or conviction while on probation is a major violation of probation. Because Mr. Cain's Philadelphia Counsel succeeded on the suppression motion, the constitutionality of the Mr. Cain's arrest vitiated his probation violation. Unfortunately, the District Attorney in Philadelphia appealed the Judge's grant of the Defendant's Motion to Suppress Evidence and Mr. Cain's Delaware County case (for the violation of probation) would not be heard until the Appeal was over. The best estimate was that the appeal would not be heard and decided until December 2013 or early 2014. A Habeas Corpus petition was filed on 3/6/2013 and argued on 3/8/2013. As a result of the Habeas Corpus hearing, a GAGNON II hearing (violation of probation) was scheduled for 3/12/2013.
