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  • Afolabi v. Warden Fort Dix FCI

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge per curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1174

    Appellant appealed pro se from the district court's decision dismissing his second 28 U.S.C.

  • United States v. Cora-Alicea

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1927

    District court misinterpreted the applicable U.S. Sentencing Guidelines and erroneously failed to consider evidence proffered in mitigation by appellant at sentencing. The court vacated appellant's sentence and remanded for resentencing.

  • United States v. Wang

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-254-2-4

    Court denied defendants' motions for acquittal and new trial where the government met its burden to overcome defendants' entrapment defense as defendants appeared to eagerly and voluntarily participate in the conspiracy and understand the risks of criminal prosecution.

  • Commonwealth v. Thompson

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1432 WDA 2022

    Appellant appealed the trial court's judgment of sentence entered on his conviction for homicide by vehicle while driving under the influence and other crimes. The court affirmed, holding that appellant suffered no violation of his Confrontation Clause rights where the trial court accepted evidence of the vehicles' event data recorder information as extracted and analyzed by a responding police officer who testified as a Commonwealth expert in accident reconstruction.

  • Commonwealth v. Williams

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2725 EDA 2022

    Appellant appealed the trial court's judgment of sentence on his non-jury trial conviction for criminal contempt. The court affirmed, holding that the evidence was sufficient to support appellant's conviction where he admittedly made a "gun" gesture at a testifying witness upon entering the courtroom, even where the gesture was not seen by the witness or the trial court.

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  • Commonwealth v. Harris

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3080 EDA 2022

    Commonwealth appealed the trial court's order decertifying appellee's case and transferring it to the Juvenile Division as a delinquency matter. The court vacated the decertification order where the trial court failed to consider multiple criteria that it was required to evaluate before granting decertification.

  • United States v. Araiza-Vega

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-218-14

    Court granted motion for sentence reduction where an amendment to the Sentencing Guidelines reduced defendant's Guidelines range, and his lack of criminal history, strong work history, and post-sentencing rehabilitative efforts weighed in favor of a reduction. Defendant's motion for sentence reduction granted.

  • United States v. Johnson

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1341

    Appellant appealed his conviction and sentence.

  • Commonwealth v. Drayton

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 83 MAP 2023

    Appellant appealed the Superior Court's order affirming the post conviction review court's denial of his petition for post conviction relief. The court held that appellant's trial attorney did not render per se ineffective assistance by failing to object when the trial court provided the jury with written instructions not specifically authorized under Pennsylvania Rule of Criminal Procedure 646.

  • Commonwealth v. Caraballo

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 539 MDA 2023

    Defendant appealed the trial court's judgment of sentence entered on his jury trial conviction of driving under the influence of controlled substances and trial court conviction of related lesser charges. The court affirmed, holding that defendant's rejection of a requested blood-draw test, along with a state trooper's testimony and other evidence of defendant's impairment, were legally sufficient to convict him of DUI.