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Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
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for defendant:
Case Number: 22-3033
District court erred in excluding government's video and photo evidence in child pornography case in favor of a stipulated written description of the evidence and court found district court overestimated the extent to which the written descriptions reduced the exhibits' probative value under Rule 403, it was far from "obvious" that the potentially cumulative nature of the exhibits substantially outweighed the probative value of admitting any of the exhibits and district court erred in not viewing the exhibits before ruling. Vacated an
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Per Curiam
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Case Number: 497 M.D. 2018
Petitioner indisputably received sufficient post-deduction due process and Department of Corrections was entitled to judgment in its favor as a matter of law in petitioner's action asserting deprivation of due process in DOC's deduction of court ordered costs from his inmate account. Petition dismissed.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 315 M.D. 2018
Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
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Case Number: 1464 WDA 2022
Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 543 M.D. 2022
Court lacked jurisdiction to consider petition seeking to invalidate mandatory life without parole sentences for 18-year-olds as violative of the Eighth Amendment and the Pennsylvania Constitution, as such a petition was only cognizable under the Post Conviction Relief Act and thus was untimely. Attorney General's preliminary objection sustained, case dismissed.
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Publication Date: 2024-02-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
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Case Number: 300 WDA 2023
Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.
Publication Date: 2024-02-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
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Case Number: 264 WDA 2023
Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.
Publication Date: 2024-02-22
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3091
Defendant appealed his conviction for Hobbs Act robbery.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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for defendant:
Case Number: 291 MDA 2023
Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.
Publication Date: 2024-02-16
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
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Case Number: 40 MAP 2022
The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell
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