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  • United States v. Packer

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2554

    Appellant challenged his sentence for violating the conditions of his supervised release on the grounds that sentencing court denied his right of allocution by announcing the sentence before inviting appellant to speak and court declined to exercise its discretion since this was not a case in which the error "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings." Affirmed.

  • Commonwealth v. Sloan

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1483 WDA 2022

    Court affirmed denial of suppression motion where officer, during lawful traffic stop, had articulable facts besides odor of marijuana to investigate potential intoxicated driving. Judgment of sentence affirmed.

  • Commonwealth v. Williams

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2021

    Commonwealth failed to make prima facie case for tampering charges where there was no evidence to support a finding that defendant, a former law enforcement officer, fabricated and added information to a homicide file to support his story after being interviewed by police department's Internal Affairs Division. Order of the trial court affirmed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    Audible offensive outburst directed toward the trial judge in open court during proceedings was a sufficient disruption to constitute direct criminal contempt. Judgment of sentence affirmed.

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

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    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • In re: Torres

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2568

    Petitioner sought to disqualify the district judge presiding over his prosecution on charges of enticing individuals to travel in interstate commerce to engage in prostitution.

  • In re 4714 Morann Ave.

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 909 C.D. 2022

    Trial court properly concluded the forfeiture of woman's home would impose an excessive and unconstitutional fine, given her lack of knowledge that drugs were sold from her home and her minimal culpability for the drug trafficking conspiracy. Affirmed.

  • Commonwealth v. Bartic

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 32 WDA 2022

    Trial court did not abuse sentencing discretion in sentencing defendant to indirect criminal contempt of a PFA order where, as required by applicable provisions of the sentencing code, the trial court took evidence regarding the circumstances of the offense and defendant's rehabilitative needs. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • Commonwealth v. Haley

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-2297, 2527-2004

    Appellant was sentenced to a term of imprisonment following a third felony conviction, under the state's Three Strikes Law. He filed a fourth petition for post-conviction relief, claiming newly discovered evidence, which was denied. The court affirmed the denial, finding that the petition was time-barred and substantively defunct.

  • Commonwealth v. Delamarter

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1045 MDA 2022

    Evidence was sufficient to support endangering the welfare of a child conviction where facts supported finding that defendant crossed over the center line while speeding, distracted by a text message, and under the influence of prescription substances. Judgment of sentence affirmed.