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  • Commonwealth v. Boyd

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2863 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial conviction for indecent exposure and open lewdness. The court affirmed, holding that a complainant's trial testimony regarding appellant's conduct in exposing himself and masturbating on a public train was more than sufficient evidence to sustain appellant's convictions.

  • Commonwealth v. Smith

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 593 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury conviction for driving under the influence in violation of 75 Pa.C.S.A. § 3802(d(1)(i) and (iii). The court affirmed, holding that the challenged statutory sections did not violate appellant's constitutional rights to equal protection, substantive due process, or procedural due process as a user of medical marijuana.

  • Commonwealth v. Prince

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1836 EDA 2023

    Commonwealth appealed the trial court's judgment of sentence ordering appellee to serve his incarceration for driving under the influence in county jail rather than a state correctional facility. The court vacated and remanded for resentencing, holding that the trial court had discretion to sentence appellee to county jail so that he could receive additional treatment despite an evaluator's recommendation of no treatment, but that the trial court failed to make the necessary factual findings to support that sentence.

  • Commonwealth v. Stevenson

    Publication Date: 2024-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23 EAP 2023

    Appellant challenged the Superior Court's decision that he had forfeited his right to appeal the admissibility of prior conviction evidence at trial after he preemptively introduced the evidence himself. The court reversed and remanded with instructions, holding that a defendant who was unsuccessful in excluding prior conviction evidence via a motion in limine at trial may challenge the trial court's admissibility ruling on appeal after preemptively introducing that evidence at trial.

  • United States v. Sher

    Publication Date: 2024-08-02
    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: 23-2337

    Appellant Thomas Sher appealed his sentence for health care fraud and conspiracy.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Commonwealth v. Frye

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 140 EDA 2023

    Trial court erred in finding insufficient evidence to establish mens rea for third-degree murder based on a "single punch," given the victim's incapacitation due to alcohol intoxication and defendant's unprovoked punch, failure to render aid, and attempt to cover up the facts. Order of the trial court reversed, case remanded.

  • Commonwealth v. Miller

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 WDM 2024

    Court of Common Pleas did not abuse discretion in revoking bail based on information about the alleged offenses that indicated defendant's mental health status made him a threat to public safety. Order of the trial court affirmed.

  • Baker v. United States

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1360

    Appellant Steven L.

  • Commonwealth v. Ghebremichael

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 915 MDA 2023

    Burden of reengaging witnesses following the grant of defendant's motion to withdraw guilty pleas was not sufficient to substantially handicap the commonwealth's prosecution to allow it to appeal the withdrawal as of right. Appeal quashed.

  • United States v. Rodriguez

    Publication Date: 2024-07-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2730

    Appellant Justin Rodriguez appealed his conviction, contending that he was denied a fair trial in violation of the Sixth Amendment when the district court read a bifurcated portion of the indictment to a jury venire panel.