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  • Commonwealth v. Hawkins-Davenport

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 798 EDA 2023

    Police were justified in removing firearm in plain view within reach of vehicle occupants on grounds of officer safety, without any other justification or reason such as occupants' dangerous or furtive movements. Order of the trial court reversed, case remanded.

  • Commonwealth v. Macik

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 529 WDA 2023

    Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.

  • Lunsford v. Adm'r New Jersey State Prison

    Publication Date: 2024-07-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2134

    Appellant appealed the denial of his habeas petition by the district court.

  • United States v. Browne

    Publication Date: 2024-07-09
    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: 23-1925

    Appellant appealed his conviction for possessing, soliciting, and receiving child pornography, as well as obstructing a federal investigation, challenging two evidentiary rulings.

  • United States v. Dougherty

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-64

    The court denied defendants' pre-verdict motions for judgment of acquittal under Fed. R. Crim. P. 29(a) and their post-verdict motions for judgment of acquittal under Fed. R. Crim. P. 29(c) and motion for a new trial under Fed. R. Crim. P. 33.

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Commonwealth v. Miranda

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2558 EDA 2023

    Appellant appealed the trial court's order dismissing his first petition filed pursuant to the Post Conviction Relief Act. The court vacated and remanded, holding that the PCRA court erred by first granting appointed counsel's motion to withdraw for lack of meritorious issues and then scheduling a hearing on appellant's purported amended PCRA petition, rather than issuing notice of its intent to dismiss what it deemed to be a meritless petition.

  • Commonwealth v. Stauffenberg

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2095 EDA 2023

    Appellant appealed the trial court's order denying his petition for writ of certiorari on his municipal court conviction for driving under the influence. The court affirmed, holding that where appellant suffered any violation of his constitutional rights against self-incrimination because he was given no Miranda warning before signing a PennDOT DL-26B form as the "operator" of a vehicle, the maximum remedy was to preclude Commonwealth from relying on his signature to prove at trial that he was the operator of the vehicle in which he w

  • Commonwealth v. McMaster

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1354 MDA 2023

    Commonwealth appealed the trial court's order granting in part appellee's motion to suppress evidence. The court reversed and remanded, holding that when viewed together, an individual's erratic drug-induced behavior, his lack of response to police as to whether any other persons were inside his residence, and the disarrayed interior of the home visible from outside, all supported a detective's minimally invasive sweep of the residence to determine whether anyone inside was in immediate need of medical help.

  • Commonwealth v. Yanovitsky

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 142 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his convictions for indecent assault without consent and institutional sexual assault. The court affirmed in part, reversed in part, and remanded for resentencing. The court held in pertinent part that the crime of institutional sexual assault does not apply to interactions between university professors and students.

  • Commonwealth v. Newton

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1283 MDA 2022

    Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.