Prosecution Failure Leads to Dismissal of Philadelphia Drug Case

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Attorney Michael J. Diamondstein recently won an appeal in the Pennsylvania Superior Court.

On October 10, 2014, the Pennsylvania Superior Court upheld a lower court’s ruling that by failing to provide the defense with a copy of police paperwork in a criminal case (Com. v. Jordan, T., 175 EDA 2014 (Pa. Super. Ct. 2014)), the Commonwealth of Pennsylvania was barred from the evidence at trial.

Judge Sallie Updyke Mundy, writing for the court, noted that the Commonwealth failed to provide defense counsel Michael Diamondstein with a copy of the necessary paperwork as ordered by the trial judge, the Honorable Rayford Means. The judges found no reason to overrule the lower court, which found that failure as grounds for all evidence in the case to be suppressed.

The defendant in the case, Tyreek Jordan, was arrested on drug charges on July 20, 2012, when police searched a house looking for Jordan’s brother. They found drugs and drug paraphernalia, but the procedural failure means that the case will be dismissed.

“On behalf of Mr. Jordan,” said Diamondstein, “we are extremely happy that that the Superior Court upheld the sound decision of Judge Means.”

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Michael J. Diamondstein
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