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  • Commonwealth v. Banniger

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1612 EDA 2022

    Totality of circumstances, including the parties' familial relationship, the use of controlled substances, and the victim becoming paralyzed with fear after waking up during the sexual assaults, were sufficient to find that defendant acted with forcible compulsion by overcoming the victim's will and causing her to submit to the assault. Judgment of sentence affirmed.

  • Commonwealth v. Lalli

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Huntingdon County
    Judge: Judge Zanic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-31-CR-264-2022

    Criminal defendant moved for recusal of the court's judge on grounds of bias after the court rejected his negotiated plea bargain in two cases. The court denied the motions.

  • Commonwealth v. Fisher

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 351 MDA 2023

    Traffic stop detainee's persistent noncompliant behavior was solely responsible for prolonging a traffic stop for an equipment violation for over an hour, exposing everyone at the scene of the stop to the risk of an accident with passing traffic, which was sufficient to convict defendant for disorderly conduct. Judgment of conviction affirmed, judgment of sentence vacated and remanded.

  • Commonwealth v. Smith

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1910 EDA 2022

    Evidence was insufficient to support assault and conspiracy charges against off-duty police officer where complainant admitted that officer suspected the complainant of criminal activity and knocked the complainant off his feet to stop his flight from the officer. Order of the trial court affirmed.

  • 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.

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  • 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.

  • 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.