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  • Fatiga v. Warden Fairton FCI

    Publication Date: 2024-03-19
    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: 19-2776

    Petitioner appealed the denial of his 28 U.S.

  • United States v. Zavala

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CR-00237-6

    Defendant moved to exclude evidence found inside his car's battery and court found the search of the battery violated defendant's Fourth Amendment rights but court declined to suppress the evidence because officers acted in good faith. Motion denied.

  • Commonwealth v. Smith

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6 EAP 2023

    Post Conviction Relief Act courts should stay rather than dismiss timely petitions filed during the pendency of a facially untimely direct appeal pending resolution of the timeliness of the direct appeal, as such resolution was necessary to determine whether the PCRA court had jurisdiction. Order of the superior court reversed, case remanded.

  • Commonwealth v. Chambers

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 EAP 2023

    Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.

  • Commonwealth v. Chisebwe

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4 MAP 2023

    Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

    View this Book

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  • Commonwealth v. Royal

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2429 EDA 2021

    Court overturned restitution order where trial court failed to specify the method of restitution at the sentencing hearing. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Sears

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2849 EDA 2022

    Municipal court erred in suppressing breathalyzer results as fruit of an illegal arrest where the court failed to consider totality of circumstances which supported a finding of probable cause. Order of the municipal court vacated, case remanded.

  • United States v. Henriquez

    Publication Date: 2024-03-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3285

    Defendant appealed her conviction for fraud and theft-related offenses and her 159-month sentence.

  • United States v. Long

    Publication Date: 2024-03-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
    for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
    Case Number: 22-3033

    District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.

  • Commonwealth v. Moore

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2510 EDA 2022

    Trial court should have denied suppression motion where totality of circumstances, including the fact that the subject vehicle was registered to someone whom defendant failed to explain his connection to, indicated that defendant lacked a privacy interest in the vehicle and thus defendant failed to bear his burden to prove that he had a reasonable expectation of privacy. Order of the trial court vacated, case remanded.