By Alexa Woronowicz | September 29, 2017
The trial court properly denied defendant relief under the Post Conviction Relief Act where the evidence was sufficient to support the specific intent element of his first-degree murder conviction and, thus, the newly-discovered DNA evidence establishing an absence of defendant's semen in the victim's body would not alter the outcome of a degree-of-fault hearing. The court affirmed defendant's judgment of sentence.
By Alexa Woronowicz | September 29, 2017
Defendant was not entitled to a new trial and the appointment of an expert to analyze a supplemental gunshot residue pattern and proximity test conducted by an independent forensic laboratory. The court denied defendant's post-trial motion for relief.
By Alexa Woronowicz | September 29, 2017
A criminal defendant's motion to suppress evidence was granted where police officers performed a protective sweep of a residence without articulable facts regarding the officers' safety.
By Alexa Woronowicz | September 29, 2017
The trial court properly admitted into evidence a portion of the victim's recorded forensic interview under Pa.R.Evid. 803.1(3) where the victim testified that her recollection of the incidents of abuse was much better at the time of the interview. The appellate court affirmed defendant's judgment of sentence.
By Alexa Woronowicz | September 29, 2017
The trial court erred in precluding the commonwealth from offering as evidence two jail call recordings in which defendant allegedly made inculpatory statements as a sanction for failing to fulfill an earlier promise to provide transcriptions of all his recorded phone calls where the scope of the earlier promise was unclear and the bulk of the other recordings immaterial. The court reversed and remanded.
By Alexa Woronowicz | September 29, 2017
Public record presumption did not apply as a bar to invocation of the newly-discovered facts exception to the timeliness requirement of the PCRA for pro se incarcerated PCRA petitioners, although such petitioners were still required to prove that the facts underlying their claims were unknown to them and could not have been discovered sooner with due diligence. Order of the PCRA court reversed.
By R. Robin McDonald | September 29, 2017
The U.S. Senate late Thursday confirmed Atlanta attorney and former federal prosecutor Byung J. "BJay" Pak as the new U.S. attorney for the Northern District of Georgia in Atlanta.
By Charles Toutant | September 28, 2017
Prosecutors in the corruption trial of U.S. Sen. Bob Menendez, D-New Jersey, turned their focus on Thursday to the senator's advocacy with federal regulators on behalf of a port security business owned by co-defendant Salomon Melgen.
By Alexa Woronowicz | September 28, 2017
C.A. 4th; D072171 The Fourth Appellate District granted a petition for writ of mandate. The court held that a criminal defendant did not have the right…
By Alexa Woronowicz | September 28, 2017
C.A. 2nd; B266897 The Second Appellate District vacated a judgment of sentence and remanded. In the published portion of its opinion, the court held…
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