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  • Commonwealth v. Seeney

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1236 EDA 2023

    A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.

  • United States v. Edwards

    Publication Date: 2024-06-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2827

    Appellant appealed his conviction and sentence, arguing that the district court erred by not allowing him to withdraw his guilty plea.

  • C.M. v. Pennsylvania State Police

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 47 M.D. 2021

    Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.

  • United States v. Goerig

    Publication Date: 2024-05-31
    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: 23-1582

    The court affirmed the district court's denial of appellant's motion to suppress evidence seized as a result of his arrest for possessing, receiving, and making child pornography and traveling in interstate commerce with the intent to have sexual contact with a minor.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Fitzpatrick

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 554 MDA 2023

    Commonwealth appealed from the trial court's order denying its request to present certain evidence in appellee's trial on charges that he murdered his wife. The court reversed in part, holding that the trial court erred in precluding appellant's admission of probative accident reconstruction evidence and competent expert witness evidence regarding the victim's manner of death by drowning.

  • United States v. Pena

    Publication Date: 2024-05-30
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1588

    Appellant appealed from an order of the district court denying his motions for compassionate release and for reconsideration.

  • United States v. Pritchett

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Benjamin L. Wallace, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellant.
    for defendant: David Pugh, Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellee.
    Case Number: 23-2005

    District court correctly suppressed evidence where defendant's actions were not sufficiently furtive or suspicious to justify a Terry stop.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.

  • Commonwealth v. Dourlain

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1005 WDA 2023

    Trial court erred in finding Ohio's physical control of a vehicle while under the influence statute was substantially similar to Pennsylvania's DUI statute for purposes of grading a subsequent offense where Ohio's statute proscribed conduct not covered by Pennsylvania's DUI law. Judgment of sentence vacated, case remanded.