Filter This View

  • United States v. Amos

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Nygaard
    Attorneys: For plaintiff: Abigail E. Horn, Federal Community Defender Office for the Eastern District of Pennsylvania, West Philadelphia, PA for appellant.
    for defendant: Anthony J. Carissimi, Timothy M. Stengel, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 20-3298

    Although officers displayed authority by blocking defendant and commanding him to stop, no seizure occurred where defendant's momentary pause followed by running from the officers meant he never complied with the officers' authority, and his flight gave the officers reasonable suspicion to detain him. Conviction affirmed, judgment of sentence vacated and remanded for resentencing.

  • Commonwealth v. Lapenna

    Publication Date: 2024-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 543 WDA 2023

    Appellant appealed the trial court's parole-revocation judgment of sentence after denial of appellant's motion for reconsideration. Appellant argued that because his maximum remaining sentence after parole revocation would be less than two years, he should have been recommitted to county, rather than state, prison. The court affirmed, holding that appellant was property recommitted to state prison on his original seven-year sentence after revocation of his parole.

  • Commonwealth v. Garcia-Pagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-685-2023

    Commonwealth appealed the court's grant of appellee's motion to suppress evidence and petition for writ of habeas corpus. The court concluded that its order granting appellee's pretrial motions should be affirmed where an arresting officer unduly extended appellee's detention based on nothing more than a hunch and appellee's brief scuffle with the officer to avoid being handcuffed did not rise to the level of resisting arrest.

  • Commonwealth v. Hagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 872 WDA 2022

    Where retroactive application of registration requirements under Megan's Law III did not constitute an ex post facto violation, a challenge to a sentence for failure to register was properly cognizable under the Post Conviction Relief Act and thus untimely due to the lack of applicable exceptions to the time bar. Order of the trial court affirmed.

  • United States v. Caraballo

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Montgomery-Reeves
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1976

    District court properly found the serious bodily injury enhancement under §2A2.2(b)(3)(B) applied where victim was stabbed three times by a five-inch metal shank and had a broken jaw. Affirmed.

  • Law Journal Press | Digital Book

    Harris County Bench Book 2025

    Authors:

    View this Book

    View more book results for the query "*"

  • United States v. Caraballo

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Montgomery-Reeves
    Attorneys: For plaintiff: Gino A. Bartolai, Jr., Pittston, PA for appellant.
    for defendant: Gerard M. Karama, Robert J. O’Hara, Office of the United States Attorney, Scranton, PA for appellee.
    Case Number: 22-1976

    Multiple stab wounds, including one to the chest, plus a broken jaw constituted injuries severe enough to meet the definition of "serious bodily injury" as defined by the Commentary to the Sentencing Guidelines.

  • United States v. Jordan

    Publication Date: 2023-12-25
    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: 22-2153

    District court properly denied defendant's §2255 motion arguing 18 U.S.C. §2113(d) was not a "crime of violence" under 18 U.S.C. §924(c) because federal statutory text, record, and precedent showed that §2113(d) was divisible and armed bank robbery was a crime of violence under §924(c)'s elements clause. Affirmed.

  • Rowan v. Warden James T. Vaughn Corr. Ctr.

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: David R. Fine, K&L Gates, Harrisburg, PA for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: 22-1298

    Failure to be expressly advised of continued no-contact order at second arraignment did not violate due process where the terms of the order explicitly stated that it remained in effect until changed/withdrawn or until the case ended.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Commonwealth v. Outlaw

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    An outburst in open court directing a profanity toward the trial judge supported a conviction for direct criminal contempt where the outburst halted the trial court proceedings and constituted an open defiance of the court's authority. Judgment of sentence affirmed.