By Jason Grant | April 3, 2020
"While giving lip service to defendant's right to represent himself, the [lower] court nonetheless foisted counsel on defendant over defendant's vigorous protests," wrote state appeals court Justice Sallie Manzanet-Daniels on behalf of a unanimous four-judge panel.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 2, 2020
A divided panel ruled 5-2 to affirm a Superior Court ruling that the lack of an interpreter impeded defendant Miguel Diaz's ability to communicate with his lawyer, thereby prejudicing his case from the outset.
The Legal Intelligencer | News
By Zack Needles | April 2, 2020
The Pennsylvania Supreme Court has agreed to review a Superior Court ruling that upheld an order of probation for a student found to have made terroristic threats, including stating a desire to "beat the record" for the number of deaths in a school shooting.
The Legal Intelligencer | News
By Zack Needles | April 2, 2020
In a case of first impression, the Pennsylvania Superior Court has ruled that Chapter 3 of the Rules of Criminal Procedure, which governs the Accelerated Rehabilitative Disposition program for DUI defendants, does not apply to the state's other diversionary programs and problem-solving courts.
By R. Robin McDonald | April 1, 2020
The one-sentence order affirmed a judgment of the Appellate Division, which last year reversed two trial court orders suppressing information prosecutors gleaned from inmate phone calls that resulted in additional charges.
By Marcia Coyle | March 30, 2020
"I will cease noting my dissent in future petitions presenting the question. I hope, however, that the court will at some point reconsider its reluctance to answer it," Justice Sonia Sotomayor noted in a dissent Monday in a sentencing dispute.
By Moe Fodeman and Michael Sommer | March 27, 2020
In the wake of 'Countrywide', courts in the Second Circuit have had to grapple with the scope and application of the holding in criminal and civil fraud cases. Does it provide a possible defense for white-collar defendants alleged to have defrauded their counterparties? Or is it limited to its facts?
By R. Robin McDonald | March 26, 2020
Thursday's action reboots a federal lawsuit filed against the district attorney who brought the underlying charges.
By R. Robin McDonald | March 26, 2020
The federal judge castigated Fulton County Superior Court for allowing such a delay to occur.
By Stephen Masciocchi and Jessica Smith | March 25, 2020
The court held that, at the time of defendant's actions, "[t]he consensus of persuasive authority from our sister circuits" clearly established that the Eighth Amendment prohibited his conduct.
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