All posts tagged: Patrick K. Nightingale

AG Jeff Sessions Hints at Marijuana Crackdown

Attorney General Jeff Sessions is back in the news as he makes threats against legalized marijuana.

Sessions won’t disclose what his plans are, but he has indicated his strong opposition to any form of legalization, medicinal or otherwise.
This news came on the heels of a statement from President Trump addressing the opioid crisis sweeping the country.

Sessions’ comments were wreathed in a smoke screen of scare tactics and outright misinformation. Despite a growing mountain of evidence showing that marijuana actually reduces opioid use in states where it is legal, Sessions chose instead to cite outdated reefer madness hyperbole such as, “It’s a gateway drug”, and the old tried and true fear mongering of, “What about the children?”

Meanwhile, states like Colorado have seen a 25% reduction in opioid use since legalizing marijuana and, equally significant, a drop in teen use of marijuana.

As far as the children are concerned, apparently Mr. Sessions has never witnessed the dramatic results of cannabis in treating seizure disorders in children. I guess he doesn’t care about those children.

The evidence being accumulated since the legalization of medicinal and recreational cannabis in over half the States in the U.S. is impossible to ignore.

Unless you’re a 70 year old Attorney General who places personal feelings over actual justice, or a grotesquely overweight Chris Christie.

The Governor of New Jersey is Chairman of the White House’s Commission on Combating Drug Addiction and the Opioid Crisis.

Governor Christie last week called upon the President to reject any efforts to acknowledge marijuana’s promising role in mitigating opioid abuse and dependency, and ignoring peer reviewed studies showing marijuana has efficacy in combating opioid addiction.

The commission released the following statement:

“The Commission acknowledges that there is an active movement to promote the use of marijuana as an alternative medication for chronic pain and as a treatment for opioid addiction. … There is a lack of sophisticated outcome data on dose, potency, and abuse potential for marijuana. This mirrors the lack of data in the 1990’s and early 2000’s when opioid prescribing multiplied across health care settings and led to the current epidemic of abuse, misuse and addiction. The Commission urges that the same mistake is not made with the uninformed rush to put another drug legally on the market in the midst of an overdose epidemic.”

Reality Check:

“K” is a paramedic in the city of Pittsburgh. Because of the nature of her work, she asked we don’t use her real name.

“K” has 10 years of experience and has never encountered a single instance of a marijuana overdose. Her biggest concern is marijuana being laced with other drugs.

“We sometimes see marijuana laced with embalming fluid or PCP” said K. “Often the person smoking doesn’t know what they’re being given.”

The fact that 29 States have legalized some form of medicinal cannabis means there is a wealth of evidence being accumulated showing the efficacy of medicinal cannabis. Instances like “K” talked about shows the need for regulation, so consumers don’t end up with tainted marijuana.

Ironically, it is the commission itself using outdated information to support an untenable position in the light of the many peer reviewed studies that are currently available.

NORML has assembled a list of studies here:
http://norml.org/marijuana/fact-sheets/item/relationship-between-marijuana-and-opioids

We urge President Trump to reject the advice of his commission and allow States and the medical community to continue providing this valuable medicine to patients who need it.

As of last week, a new poll shows a record number of Americans now favor legalization of marijuana (62%) and it’s no wonder the public is coming around. In States where it’s legal, business is booming, bringing those States desperately needed revenue, much of which ironically goes to fight and treat opioid abuse.

President Trump is pro business and anti-crime. Marijuana legalization addresses both those concerns while providing medicine to people who need it.

Perhaps the President’s commission chair, Governor Christie, should check out the U.S. patent office, where tucked away in a file is a patent on THC for treatment of cancer and brain trauma.

The patent is owned by the United States of America.

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Vinni BelfioreAG Jeff Sessions Hints at Marijuana Crackdown
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Medical Cannabis and the Second Amendment – What are a patient’s firearms rights?

Patrick Nightingale testifying at the Pennsylvania State House.

Medical Cannabis and the Second Amendment – what are a patient’s firearms rights?
By Patrick K. Nightingale, partner Cannabis Legal Solutions

The issue of a medical cannabis patient’s Second Amendment rights is of great concern here in the Commonwealth of Pennsylvania where we have a long tradition of hunting and sportsmen.  Now that physicians are registered and patients can seek recommendations many are wondering whether they will lose their Second Amendment rights or be required to surrender their firearms.

The answers are not entirely straightforward.  Under PA law a medical cannabis patient is not prejudiced relative to firearms ownership.  Under federal law, however, that same patient risks a felony prosecution under federal firearms law.  Any patient purchasing a firearm from a licensed firearms dealer is required to execute ATF Form 4473 which, as will be discussed below, does not acknowledge medical cannabis.

Does Pennsylvania law prohibit a registered Pennsylvania patient from owning a firearm?

No.  Pennsylvania’s medical cannabis law is silent on the issue of firearm possession.  Title 18, section 6105 of the Pennsylvania Criminal Code sets forth that certain persons may not possess a firearm.  Section 6105 requires a criminal conviction.  Simple possession does not trigger the prohibitions under section 6105 unless the individual has a prior drug possession conviction.  The majority of the offenses that are set forth in section 6105 are felony level offenses.  Certain misdemeanors are also included such as second or subsequent drug possession conviction, Prohibited Offensive Weapon, Corruption of the Morals of a Minor and three or more DUI convictions.  A person subject to a Protection From Abuse order or an individual with a prior mental health commitment is also prohibited.

Does Federal law prohibit a registered Pennsylvania patient from owning a firearm?

Yes.  Title 18, section 922(g)(3) of the United States Code prohibits any individual who is an unlawful user of controlled substances from possessing a firearm.  Cannabis remains a Schedule I controlled substance and the DEA and ATF have made clear that federal law does not recognize an exception for state medicinal cannabis patients.  A violation of section 922(g)(3) is a felony with a maximum period of incarceration of 10 years.  At present the Rohrbacher-Blumenaeur budget amendment prohibits the Department of Justice from using its Congressionally authorized budget to prosecute state cannabis programs.  Even if the amendment is not included in the final budget it is highly unlikely that the Department of Justice will utilize its limited resources to prosecute individual patients under this section unless the patient is otherwise involved in a more significant violation of federal law.

Can I apply for my Concealed Carry Permit/Must I surrender my Concealed Carry Permit?

No/No.  The right to carry a concealed firearm in Pennsylvania is regulated by Pennsylvania state law.  The authority to issue a Concealed Carry Permit is vested in the County Sheriff of the county in which the individual resides.  18 Pa.C.S.A. §6109 sets forth the process for a concealed carry application and the responsibilities of the County Sheriff in reviewing applications.

One of the criteria is whether the applicant is an “unlawful user of marijuana.”  A registered patient would be a lawful user of marijuana under PA law.  Section 6109(e)(xiv) however, acts as a “catch all” and prohibits issuing a concealed carry permit to anyone otherwise prohibited under federal law from possessing a firearm.  Since any user of cannabis, whether pursuant to state law or not, violates 18 U.S.C. §922(g)(3) an application for a concealed carry permit will be denied.

At the time of writing I am unaware of any mechanism to try and revoke concealed carry permits merely because a patient is registered with the Department of Health.

Can I purchase a firearm lawfully if I am a registered PA patient?

No.  Any firearm purchase from a federally licensed firearms dealer involves the execution of ATF Form 4473. In 2016 the ATF modified the form to include the following language in question 11(e):

“Are you an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any other controlled substance?  Warning:  the use or possession of marijuana remains unlawful under federal law regardless or whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”  (Emphasis in original).

If a registered patient answers this truthfully the sale will be denied after a Pennsylvania State Police review of the form.  If the patient lies on the form in order to purchase the firearm the patient risks felony prosecution by the Pennsylvania State Police.

An ATF Form 4473 is not required for the purchase of a rifle or shotgun, but a patient would nonetheless be considered a prohibited person.

A recent Ninth Circuit case addressed the issue of an Arizona patient attempting to purchase a firearm.  The licensed firearm dealer knew the individual was a medical cannabis patient and denied the sale.  The issue went before the federal appellate court and the court held that the Second Amendment does not protect the patient where cannabis remains a Schedule I controlled substance under federal law.  The Ninth Circuit is not law here in the Third Circuit, but I do not anticipate a holding from out Court of Appeals that would grant Second Amendment rights without a change in federal law.

Unfortunately, federal law does not appear to be on the side of Pennsylvania patients.  A patient who owns firearms and/or possesses a concealed carry permit is unaffected by Pennsylvania state law but can easily run afoul of federal law if making a new firearms purchase.

For more information please contact Patrick K. Nightingale of Cannabis Legal Solutions at Patrick@cannabislegalsolutions.net

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Vinni BelfioreMedical Cannabis and the Second Amendment – What are a patient’s firearms rights?
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2017 World Medical Cannabis Conference & Expo

October 20, 2017, Pittsburgh

Patient advocacy is the cornerstone of this event, sponsored by Cannabis Certification Centers, Greenhouse Ventures and The Healing Center.

The World Medical Cannabis Conference & Expo was a well attended affair.

Dr. Bryan Doner (right) greets patients at the CCC table.

Ken Shultz, Dr. Bryan Doner (CCC) and Patrick Nightingale

We look forward to working with Compassionate Certification Centers as they help patients get the medicine they need.

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Vinni Belfiore2017 World Medical Cannabis Conference & Expo
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Marijuana Arrests on the Rise in Pennsylvania

On October 17, Pennsylvania Governor Tom Wolf announced the first medical marijuana grow facility is ready to start growing marijuana.

The PA Department of Health has approved Cresco Yeltrah to begin growing and processing at their facility in Jefferson County, PA.

Ironically, we currently have a case in Jefferson county which concerns someone who legally purchased a bag of edibles (gummies) in the State of California and is being charged with Possession with Intent to Deliver in Jefferson county– a very serious charge. Unfortunately Jefferson county officials are not as open minded about marijuana use as the location of a professional grow in their county would imply.

A marijuana arrest can follow a person their entire life, negatively affecting their ability to work, find housing and even to travel out of country.

While we see marijuana arrests declining in cities like Philadelphia, which decriminalized marijuana possession last year, and Pittsburgh, which has an unofficial decriminalization policy that results in a citation, the statewide numbers are increasing.

Between 2010 and 2016, marijuana related arrests have risen by 33% in Pennsylvania.

Even more alarming, African Americans are EIGHT times more likely to be arrested for marijuana than whites.

The fact is, usage rates among black and white citizens are about the same, yet the chart below makes it clear black citizens are being  targeted by law enforcement in a disproportionate way.

Source: American Civil Liberties Union of Pennsylvania

Regarding the new facility in Jefferson county, the Governor said the number one priority is getting medicine to the Pennsylvanians who need it.

While we applaud the Governor’s concern for patients, we can’t help but wonder why his concern for the citizens of Pennsylvania seemingly does not extend to citizens who face life long consequences for merely possessing marijuana.

According to Governor Wolf, full decriminalization and or legalization is, “not on the table” at this time.

In light of this new data, and the fact that Governor Wolf has been a vocal proponent of more sensible marijuana policies, we would ask Governor Wolf to reconsider if maybe now is the time to move forward with decriminalization of marijuana.

This is not something he can simply sign into existence, but it is something he can and should take the lead on.

From a strictly financial view, a plan for legalizing marijuana could bring in millions in revenue for Pennsylvania’s empty coffers, creating a budget surplus that would benefit all the citizens of Pennsylvania.

From a humanitarian view, that revenue could be used to help alleviate the increasing opiate crisis here at home, offering treatment options and education for young people to avoid getting hooked on these very dangerous drugs.

When a group of citizens is being singled out for arrest, apparently based on race, there is a problem for all the citizens of Pennsylvania.

Justice is, after all, supposed to be blind.

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Vinni BelfioreMarijuana Arrests on the Rise in Pennsylvania
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Patrick Nightingale Hosts West Virginia Cannabis Seminar

Patrick Nightingale displays his medical marijuana card, issued by the state of California

The first ever West Virginia medical cannabis seminar was held in Morgantown, WV., September 30 with Cannabis Legal Solutions founding partner Patrick Nightingale hosting the event.

CLS is a proud sponsor of WV Cannabis Seminar

Although West Virginia’s medicinal law is very similar to Pennsylvania, there are some differences, most notably in that there are a couple qualifying medical conditions West Virginia does not include.

Naturally, there are also state and local laws in West Virginia regarding things like zoning that may vary as well.

In addition, the actual number of available licenses is smaller in West Virginia due to a smaller population in that state.

Ultimately, Cannabis Legal Solutions has the knowledge and experience to guide our clients through the process of getting licensed, ensuring complete compliance, setting up your business, including real estate and contract legal matters, and assisting with the legalities of day to day operations in both Pennsylvania and West Virginia.

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Vinni BelfiorePatrick Nightingale Hosts West Virginia Cannabis Seminar
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Fix PAT with Pot

Pennsylvania is experiencing a budget crisis. No shock there. The state has been experiencing budget shortfalls for what seems like forever.

This morning, WTAE TV 4, Pittsburgh, is reporting on proposed legislation in the state House that would significantly cut funding for public transportation. The cuts would have a catastrophic effect on Pittsburgh public transportation.

The Port Authority of Allegheny county could lose as much as $100 million between the loss of funding coupled with the loss of revenue the proposed cuts would cost PAT through discontinued routes and service cuts.

It would mean a significant loss of jobs as well, forcing layoffs for a substantial number of PAT employees.

The loss of evening and weekend service would leave thousands in Pittsburgh without the means to get to and from work, school, doctor appointments, grocery shopping, etc. It would force PAT to raise rates (that are already among the highest in the nation) to levels that would disproportionately impact the poor and disenfranchised, as well as senior citizens who depend on buses and the T to get around town, and would leave many people stranded in outlying communities, where getting a cab or Uber is not a financially viable option for them.

There are an estimated 1 million marijuana users in Pennsylvania who spent an estimated $2.3 billion on illegal weed last year.

Translation: Pennsylvania missed out on approximately $585 million in tax revenue. That’s just one year.

That’s money that could easily solve many of Pennsylvania’s budget woes. It’s money that could go to educate kids, treatment for addiction, infrastructure repairs and, yes, keep the buses and trains running on time.

And that figure does not include the savings to law enforcement and the justice system from not prosecuting and incarcerating citizens for marijuana. It would allow them to focus on truly dangerous drugs like heroin and meth.

The state of Pennsylvania already sells alcohol. Why not marijuana? The most harmless and least toxic intoxicant there is.

 

 

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Vinni BelfioreFix PAT with Pot
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Patient Advocacy Needs to Take Center Stage

Patrick Nightingale testifying at the Pennsylvania State House.

The passage of Pennsylvania’s Act 16 medicinal cannabis act has generated a lot of interest among the business and legal communities, offering many opportunities for a wide variety of professionals.

And it’s not just growers and dispensaries, either.

Contractors, real estate developers, lighting suppliers, medical equipment manufacturers, staffing agencies and many others have jumped into the game.

This is a multi-million dollar industry that is offering many lucrative business possibilities, yet in the rush to generate profits, it’s important those of us in this rapidly growing field bear in mind why we’re all here: Getting patients medicine they desperately need.

Cannabis Legal Services is literally built on a long track record of patient advocacy. We are extremely proud of the central role founding partner Patrick Nightingale played in bringing Act 16 to life, and it’s important we as a firm continue to be a leading voice defending the rights of patients and their doctors to choose how they treat their medical conditions.

We encourage anyone getting into the medicinal marijuana industry to make patient advocacy central in their core business philosophy.

After all, patients who need medicine are the reason we’re all in this business in the first place.

Mr. Nightingale is available for speaking engagements to assist you in educating your employees and staff.  We’ll offer sound advice and counseling when it comes to patients rights, as well as advice regarding the continually evolving business landscape of Pennsylvania’s Act 16.

Email info@cannabislegalsolutions.net for more information on booking Mr. Nightingale to be a speaker at your next business meeting or event.

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Vinni BelfiorePatient Advocacy Needs to Take Center Stage
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“Play That Funky Music, White Boy” — Censorship, Art, and the Law

Art becomes entangled with the law through censorship, resulting in unintended consequences and a perversion of justice.
This clip from the past is an example of censorship utterly destroying a work of art and even worse, altering the facts to obscure an inconvenient truth.
And still worse, the censorship of the past has spread to the justice system itself.
Today.
The back story of this song, as well as the infamous chorus line, are absolutely true. It really happened.
It is significant to note “Play That Funky Music” is the most licensed song in history. That’s how much it resonates with people, and it crosses all barriers– race, religion, politics– all become irrelevant when this song comes on.
 
This is, to me, proof that as human beings, we all have some core traits that ultimately unite us. Music and art are most often examples– expressions– of our shared humanity.
Music and art also define us as a society. History museums prove this out.
Photographs, statues, paintings, poetry, symphonies and folk songs and crude markings on cave walls– these are most often the representatives of societies throughout history.
 
Unfortunately, there are many people who can ignore this inconvenient truth, and worse, try to bury it under their own prejudice, ignoring their own humanity in the process.
 
So we can fairly say those who endorse censorship will ultimately lie and hide the truth in order to impose their morality on others.
 
The real import of this is the underlying attempt at altering history itself, in order to fit a narrative based on motivated self-interest, regardless of the stated intent.
 
This struck me as being interesting in the current climate of restricting and controlling, “The Fourth Estate” and freedom of speech itself.
 
We are currently preparing a Supreme Court case involving a Rap song which was deemed a terrorist threat to police officers, so I’m very aware of how censorship can take on a life of it’s own and work it’s way into the justice system itself.
Censorship is a cancer that spreads throughout the body politic and eventually, the legal system itself.
.Censorship is not justice.
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Patrick Nightingale“Play That Funky Music, White Boy” — Censorship, Art, and the Law
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The Real Marijuana Problem: The Law. Part 1, “Tom”

The US Stance on Medical Marijuana is Confusing at BestThe legal status of Marijuana does far more harm to citizens than using it ever could.

The following story is true. The names have been changed to protect the innocent.

“Tom” goes boating with friends over the holiday weekend on the river in Middleofnowhere County.  He was excited because he had saved up his money and bought a new boat, which he was taking on it’s maiden voyage.

Pennsylvania Fish and Game officers show up and pull him over — we’re still not clear on what their initial reason was– but they end up searching “Tom” and find a whopping gram of weed and a small pipe.

Fish and Game officers policing marijuana instead of protecting Bambi and Thumper is a mystery to me, but instead of just issuing a citation on what should be a simple matter, they arrest “Tom” and the floodgates of potential life-long repercussions open wide.

Just getting arrested, let alone convicted of a crime, has immediate negative ramifications. Family, friends, and more problematic, employers, are all suddenly sources of stress.

Hiring legal representation, missing time for court dates, which are often rescheduled, further dragging out the process and the emotional stress for the accused and their loved ones.

Employers in particular are not likely to ignore an arrest, especially if there are security and safety issues at play.

A marijuana possession conviction automatically results in suspension of driving privileges and can carry substantial fines, as well as a period of probation. Worst of all, it stays on your record.  This can adversely affect employment options and even restrict one’s ability to travel abroad.

Suddenly “Tom” goes from enjoying a holiday on his new boat to facing a complete disruption of his life. All over a gram of weed.

All because of the law.

Does that sound like Justice to you?

In Part 2, we’ll talk about a young lady who could — with the help of the police– graduate from marijuana to heroin in a most unexpected way.

 

 

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Patrick NightingaleThe Real Marijuana Problem: The Law. Part 1, “Tom”
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Flag on the Play: Illegal Procedure

The legal system– justice– is built on the twin pillars of precedent and procedure.

This is why attorneys look to ‘preserve the record’ by filing various motions, even when they know they will likely be ruled against in the current trial. They are preserving points on the record that may in fact be incredibly important in any appeals that may be filed.

Procedure and Precedent.

The procedure part can often be frustrating for everyone involved, but the truth is, what you say in court proceedings is only as relevant as how–and when– you say it.

Court scheduling can often be a source of frustration for client and attorney alike. The courts in various counties throughout the Commonwealth of Pennsylvania do not all operate on the same schedule, and the procedures can vary from county to county.

Courts schedule hearings without reference to each other, or attorney schedules, and they certainly don’t recognize the convenience of the accused. This is why there are often delays, motions for a continuance, etc.

This can be very frustrating for someone with a court date hanging over their heads. We hear it again and again: “I just want to get it over with.”

The wheels of justice often turn slow, but that is far better than hastily running over the innocent in the name of efficiency.

Of course there are always extenuating circumstances that the court will recognize– a death in the family, severe illness, scheduling conflicts for the defense or prosecution– and the courts are usually pretty accommodating with a reasonable excuse.

Recently, I was scheduled to appear in court at 9:00 am and later that day in a different court at 1:30 pm. Normally, that would not be an issue, but on this day, morning court was running way behind schedule, and it became obvious I would not be able to make my 1:30 appearance. This is where good relations with various courts can be a big help. The Judge in my early case had his clerk contact the Judge in the afternoon case to resolve the issue successfully (much appreciated, btw).

However, this left my client in the second hearing in the unhappy position of having to appear on a later date.

At times like that, I feel awful knowing my client is frustrated, but it was truly a situation completely out of my control.  The courts reign supreme when it comes to scheduling. In this instance, the early case was time sensitive. Our backs were against the wall, therefor the afternoon case would have been delayed regardless.

Procedure.

“The Cop Didn’t Show”.

Television shows have absolutely no bearing on the reality of the legal process. On TV, if the arresting officer doesn’t show up for court, the accused goes free. Not so in real life. (The same is true of, “They didn’t read me my rights”.)

Judges are extremely reluctant to rule against police officers in general, and an officer who calls in sick on court day is hardly thwarting justice. The presumption of the court is the officer is too ill to come to work. Period. They are extremely unlikely to throw out the charges, at least on the first occurrence. A subsequent failure to appear is a different matter. The Judge has a responsibility to maintain a fair process for the accused, and a second incident undermines the authority of the court to do that.

This is one of those times when a good attorney makes ‘procedure’ work in their client’s favor, citing for example an individual’s right to a speedy trial and moving to dismiss the charges.

Asset seizure and forfeiture is probably the single most frustrating part of a criminal investigation for everyone involved.

Authorities have the right to seize assets even without a guilty verdict. In cases involving illegal gambling, drug dealing, etc., the authorities will freeze bank accounts and seize property that they deem was either used in the commission of a crime, or was purchased or obtained as a result of criminal activity. Cars, boats, computers and of course cash can be seized with little or no recourse for the accused.

Even in the event of a Not Guilty verdict, the procedures for getting property back are extremely limited in scope and are often not worth the effort and cost. For example, a seized car was stored by the authorities for a year, and they charge storage fees that are often so high, it’s cheaper to just buy a new car.

This is an area that needs some reform. The authorities should bear the cost of storing a vehicle when the verdict is Not Guilty. An innocent person should not be penalized any more than the trauma of facing criminal charges and the costs of defending themselves.

These are just some instances of the preceedural part of the court system and are examples of why an experienced attorney who maintains good relations with the court system can be invaluable to someone facing criminal charges.

PKN Law pride ourselves on our knowledge of the court system from both sides of the aisle, as well as our good working relationships with court staff from counties across the Commonwealth.

 

 

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Patrick NightingaleFlag on the Play: Illegal Procedure
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