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  • Cornish v. Dep't of Transp., Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1440 C.D. 2021

    Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.

  • Commonwealth v. Hirth

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 733 OF 2022

    Defendant filed an omnibus pretrial motion that included a motion for writ of habeas corpus and a motion to suppress. The court denied the motions, holding that the search warrant obtained by authorities for an apartment where defendant was known to reside was supported by sufficient probable cause, and the resulting evidence seized, along with other evidence of defendant's conduct, supported Commonwealth's weapons and drug charges.

  • Commonwealth v. Ortiz-Pagan

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1245 MDA 2023

    Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.

  • Commonwealth v. Howell

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1419 WDA 2023

    Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.

  • Bold v. Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 36 MAP 2023

    Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.

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  • Commonwealth v. Williams

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 469 OF 2023

    Defendant petitioned for a writ of habeas corpus on Commonwealth's charge of driving under the influence of alcohol or a controlled substance. The court denied the petition, concluding that Commonwealth's evidence was sufficient to establish a prima facie case that defendant was the driver of a vehicle involved in an accident where witnesses stated that he was the driver and he later admitted that this was correct. The court held further that Commonwealth's evidence was sufficient in light of police testimony regarding a strong odor o

  • Straile v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 262 C.D. 2023

    The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.

  • U.S. v. Abdullah

    Publication Date: 2024-09-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2597

    Defendant Abdullah appealed the district court's order finding he violated a condition of his supervised release by committing a state crime.

  • U.S. v. Edwards

    Publication Date: 2024-09-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Montgomery-Reeves
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3306

    Edwards appealed his conviction and sentence for possession of drugs, a firearm, and ammunition, arguing that the district court improperly denied his motions for a new trial and for a judgment of acquittal due to the government's late disclosure of impeachment materials.

  • United States v. Malanga

    Publication Date: 2024-09-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1602

    Rocco Malanga appealed his sentence.