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  • Commonwealth v. McIntyre

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 354 EDA 2023

    The court affirmed appellant's judgment of sentence following his conviction for person prohibited from possessing a firearm in violation of 18 Pa. C.S A. §6105(a)(1) against a challenge that §6105 is unconstitutional in the wake of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

  • Fooks v. Superintendent, Smithfield SCI

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2097

    State and federal courts erred in denying evidentiary hearings in collateral relief proceedings where defendant alleged that trial counsel's misstatements regarding parole eligibility influenced defendant's decision to plead guilty, constituting a prima facie claim of ineffective assistance of counsel. Order of the district court reversed, case remanded.

  • Commonwealth v. Williams

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 853 MDA 2023

    PCRA court could base ruling on remand on the existing evidentiary record after conducting colloquy to confirm that defendant's waiver of counsel was knowing and voluntary, and where defendant did not object to the PCRA court's determination or request a new evidentiary hearing on remand. Order of the PCRA court affirmed.

  • United States v. Jordan

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2153

    Appellant appealed the denial of his 28 U.S.C. §2255 motion challenging his sentence and court found statutory text, record, and precedent showed 18 U.S.C. §2113(d) was a divisible statute and armed bank robbery was a crime of violence. Affirmed.

  • In the Interest of T.Q.B.

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 71 MAP 2023

    Appellant appealed her adjudication as delinquent for posting an Instagram live video of another child's under breast and court found 18 Pa.C.S. §6321(g) did not require exposure of the nipple to meet the definition of "nudity." Affirmed.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Commonwealth v. Lehman

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 41 WAP 2022

    Parolee residing in community correctional facility as a condition of parole was "committed to" the facility and thus qualified as an "inmate" under the second-degree drug possession statute. Order of the superior court reversed.

  • United States v. Barksdale

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2284

    Defendant appealed the district court's order revoking his supervised release.

  • United States v. Salgado

    Publication Date: 2024-03-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1473

    Defendant appealed her sentence for drug trafficking.

  • Commonwealth v. Carbone

    Publication Date: 2024-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 348 of 2022 CR

    Defendant moved to withdraw her guilty plea. Court denied the motion.

  • Commonwealth v. Floyd

    Publication Date: 2024-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 525 EDA 2023

    Commonwealth appealed an order granting appellee's motion to suppress evidence from a search of appellee's vehicle. The court found that since there was probable cause to arrest appellee and for the officers to obtain a warrant to search his vehicle, the evidence recovered from the vehicle had an independent source. Reversed.