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Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: CR-455-2023
Defendant brought a motion to disqualify the presiding judge on the grounds that she approved five out of six challenged search warrants in defendant's criminal case. The court denied the motion, finding that it could fairly decide any pretrial challenges to the approved warrants.
Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 566 MDA 2022
Evidence supporting an inference that defendant believed that a firearm exchanged for drugs was stolen was sufficient to support a conviction for receiving stolen property. Judgment of sentence affirmed.
Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1672 MDA 2021
Breathalyzer test results did not require uncertainty values or confidence intervals to be submitted with test results to render the results scientifically reliant or legally admissible where use of a breathalyzer was a generally accepted means of calculating blood alcohol content in the scientific community, thereby meeting the Frye standard. Judgment of conviction affirmed.
Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 1278 WDA 2022
Parole officer had reasonable suspicion for warrantless search of parolee's home after parolee failed a drug test and visited known drug crime areas, combined with reports from neighbors consistent with drug distribution activity. Judgment of sentence affirmed.
Publication Date: 2023-08-21
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: 23-1257
Incarcerated appellant challenged district court's order limiting his contact with his five-year old son to telephone only and court found district court erred because U.S. v. Diaz, 66 F.4th 435, held a sentencing court lacked the inherent authority to impose a no-contact order during a defendant's term of incarceration but a court could recommend that the Bureau of Prisons impose such an order. Motion granted.
Law Journal Press | Digital Book
Authors: James Hely, Donald A. Digioia
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Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Nanovic
Attorneys: For plaintiff:
for defendant:
Case Number: 1038 CR 2020
Defendant appealed his sentence arguing there was insufficient evidence to support his convictions for unlawful contact with a minor. The court found there was sufficient evidence for the jury to infer that defendant had verbal and non-verbal contact sufficient to support his convictions. The court noted that defendant's acquittal on the underlying substantive offenses did not weaken the sufficiency of evidence to support the unlawful contact convictions.
Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 701 WDA 2021
Appellant appealed his convictions for dissemination of child pornography and related crimes. The court vacated appellant's convictions and remanded for a new trial where the trial court erred in denying appellant's motion to suppress evidence obtained from a search of his home in violation of the knock and announce rule.
Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas
Judge: Judge Rogers
Attorneys: For plaintiff:
for defendant:
Case Number: 607 EDA 2023
Appellant appealed his sentence after being found guilty in a bench trial of misdemeanor retail theft and receiving stolen property. The court determined that the Commonwealth met its burden to establish the value of the stolen property and requested that the Superior Court affirm the court's judgment.
Publication Date: 2023-08-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1302 WDA 2022
Defendant appealed his conviction of DUI-controlled substance and court agreed with trial court, found Commonwealth v. Watts, 283 A.3d 1252, was controlling, it was illegal to drive with any amount of marijuana, medical or otherwise, in a driver's system and found there was no evidence of entrapment and commonwealth sufficiently showed appellant drove. Affirmed.
Publication Date: 2023-08-14
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1362
Transferee of assets gained through criminal enterprise lacked standing to challenge a forfeiture order, since normally only a criminal defendant had standing to raise such a challenge and the transferee could not meet either exception for a bona fide purchaser or a holder of a superior interest vested prior to the crime. Order of the district court affirmed in part, appeal dismissed in part.
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