Criminal Law

  • The Legal Intelligencer

    Commonwealth v. Newsome, PICS Case No. 17-1399 (Pa. Super. Sept. 7, 2017) Elliott, J. (10 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    The trial court erred in granting defendant's omnibus pretrial motion to suppress a fireman defendant discarded in a flowerpot as he walked away from police where the totality of the circumstances established that defendant was not seized when initially encountered by police. The court reversed a suppression order and remanded for further proceedings.

  • The Legal Intelligencer

    Commonwealth v Perfetto, PICS Case No. 17-1405 (Pa. Super. Aug. 30, 2017) Ransom, J. (36 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    The compulsory joinder rule requiring joinder of DUI and summary traffic offenses did not apply in judicial districts that had separate traffic courts with exclusive and limited jurisdiction to dispose of summary offenses, which required DUI charges held for trial in general jurisdiction courts. Order of the trial court reversed.

  • The Legal Intelligencer

    Commonwealth v. Bullock, PICS Case No. 17-1401 (Pa. Super. Aug. 31, 2017) Dubow, J. (30 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    The trial court did not abuse its discretion in admitting defendant's extrajudicial statements to police and a nurse caring for an abused elder where the Commonwealth had already proffered sufficient evidence of the corpus delicti, or body of the crimes charged, to entitle the case to go to the trier of fact. The appellate court affirmed defendant's judgment of sentence.

  • The Legal Intelligencer

    Commonwealth v. Hilliard, PICS Case No. 17-1403 (Pa. Super. Aug. 31, 2017) Dubow, J.; Fitzgerald, J., concurring (16 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    The trial court erred in granting defendant's petition for writ of habeas corpus based on a potential evidentiary challenge to a hearsay statement offered at defendant's preliminary hearing since the court was bound to consider such evidence in determining whether the Commonwealth established a prima facie case. The court reversed and remanded for further proceedings.

  • New Jersey Law Journal

    U.S. v. Poulson

    By njlawjournal | New Jersey Law Journal | September 21, 2017

    District Court Erred in Imposing Occupational Restriction for Term Longer Than Statutory Maximum for Supervised Release

  • New Jersey Law Journal

    State v. Forchion

    By njlawjournal | New Jersey Law Journal | September 21, 2017

    Time to Resolve Pretrial Motions Filed by Defendant or Counsel Excludable from Speedy Trial Period Calculation under CJRA

  • New York Law Journal

    USA v. Lin

    By newyorklawjournal | New York Law Journal | September 22, 2017

    Smuggling Charge's Dismissal from Five Count Superseding Indictment is Explained

  • Daily Business Review

    Ex-Prosecutors Unsure If Nursing Home Deaths Involved Crimes

    By Terry Spencer | September 21, 2017

    Nine elderly patients died after being kept inside a nursing home that turned into a sweatbox when Hurricane Irma knocked out its air conditioning for three days, even though just across the street was a fully functioning and cooled hospital. From the perspective of Florida Gov. Rick Scott and relatives of those at the Rehabilitation Center at Hollywood Hills, criminal charges are warranted. But under Florida law, a prosecution might be difficult.

  • New York Law Journal

    The People v. Phillip

    By newyorklawjournal | New York Law Journal | September 21, 2017

    Distributing Tour Flyers to Passersby was Sufficient to Constitute Ticket Selling

  • The Recorder

    People v. Bona

    By therecorder | The Recorder | September 21, 2017

    C.A. 2nd; B277751 The Second Appellate District affirmed a commitment order. The court held that the defendant failed to show any prejudice resulting…

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