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  • Commonwealth v. Moore

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 43 MDA 2023

    Sexual Offenders Assessment Board evaluator could rely on facts outside of defendant's plea colloquy to form opinion on a sexually violent predator designation, and the trial court could find that a diagnostic opinion citing a condition not listed in the Diagnostic and Statistical Manual Version V indicated that defendant suffered from a mental defect. Judgment of sentence affirmed.

  • United States v. Hunter

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
    for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.
    Case Number: 21-3316

    Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.

  • Commonwealth v. Rizor

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 32 WAP 2022

    Post Conviction Relief Act petition failed where defendant admitted she would have only accepted a plea offer if she had no chance of acquittal, which precluded her from establishing prejudice from trial counsel's alleged deficient advice. Order of the superior court vacated and remanded.

  • United States v. Khalil

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-157-01

    Defendant moved to dismiss the counts under 18 U.S.C. §§844(i) and 844(n) and alleged negligence by fire department personnel contributed to their injuries and government filed a motion in limine to exclude what it asserted were improper defenses and court found the sentence enhancement provisions of § 844(i) required the government to submit to the jury and prove beyond a reasonable doubt both actual, but-for causation and proximate causation and actual causation meant government had to show that defendant's conduct was an independen

  • Commonwealth v. Crenshaw

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2022

    Appellants were not subject to Sexual Offender Registration and Notification Act registration requirements where they were subject to passive notification requirements in North Carolina and their offense of conviction under the North Carolina taking indecent liberties with children statute was broader in scope than the Pennsylvania indecent assault statute. Judgments of sentence vacated.

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    Authors: Trey Cox, Jason Dennis

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  • United States v. Torres

    Publication Date: 2023-12-15
    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: 23-1055

    Defendant appealed the sentence imposed following his conviction for child pornography offenses, challenging the substantive reasonableness of the sentence.

  • United States v. Freeman

    Publication Date: 2023-12-13
    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: 21-2211

    Defendant appealed from the judgment of sentence imposed following his guilty plea to possessing a gun as a convicted felon.

  • Commonwealth v. Harrison

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2022

    Trial court did not err in denying nolle pros following death of a commonwealth witness where trial court found the witness's testimony was not critical to secure a conviction. Order of the trial court affirmed.

  • Commonwealth v. Yaw

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2643 EDA 2022

    Post Conviction Relief Act petition alleging ineffective assistance of counsel due to the failure to investigate a diminished defense capacity was correctly dismissed where there was substantial evidence showing that defendant could form the intent to inflict severe or fatal injuries on the victim. Order of the PCRA court affirmed.

  • United States v. Bethea

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2043

    Defendant appealed the denial of his motion for compassionate release.