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  • Commonwealth v. Torres

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 MDA 2022

    Mandatory minimum sentence for rape conviction for offense committed as a juvenile was not per se unconstitutional, where constitutional protections for juveniles only concerned mandatory life sentences. Judgment of sentence affirmed.

  • United States v. Gunther

    Publication Date: 2023-10-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1588

    Defendants appealed their conviction for offenses stemming from their operation of a drug trafficking scheme.

  • Commonwealth v. Felix

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3104 EDA 2022

    Allegations of ineffective assistance of plea counsel were belied by defendant's plea colloquies which demonstrated that defendant voluntarily and intelligently entered guilty pleas. Order of the PCRA court affirmed.

  • Commonwealth v. Lowe

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 868 WDA 2022

    Trial court lacked authority to authorize parole before expiration of minimum sentence for Recidivism Risk Reduction Incentive program-ineligible defendant sentenced to a maximum term of two or more years. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Watkins

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2209 EDA 2021

    Use of license plate reader system did not constitute Fourth Amendment search since drivers had no reasonable expectation of privacy in their license plate number or the location of their vehicle in public, and LPR systems could not provide real-time or constant location information unlike GPS trackers. Judgment of sentence affirmed.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Commonwealth v. McCarthy

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-213-2023

    Defendant filed a petition for writ of habeas corpus, contending that there was insufficient evidence to support his prosecution for possession of a controlled substance because it was not unlawful for him, as a physician assistant, to possess the amphetamine seized at his residence. The court granted the petition.

  • United States v. Vallejo

    Publication Date: 2023-10-16
    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: 22-3431

    Defendants appealed the district court's denial of their motions for sentence reductions.

  • Commonwealth v. McGee

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17 WAP 2022

    Appellant appealed the Superior Court's holding that a trial court lacked jurisdiction to correct a patent and obvious error in a sentencing order where the defendant's request for correction fell outside the time limits of the Post Conviction Relief Act. The court held that it was unnecessary to reach that issue where there was no patent and obvious sentencing error in the first instance.

  • Commonwealth v. Hamilton

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1141 WDA 2022

    Trial counsel erred in failing to object to motion to join separate theft and shooting cases where evidence of the theft was completely irrelevant to the issue of malice or self-defense in the shooting case. Order of the PCRA court reversed, remanded for new trial.

  • United States v. Cheff

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2856

    Defendant appealed his jury conviction for participating in a conspiracy to deprive individuals of their constitutional rights.