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Publication Date: 2022-10-24
Practice Area: Criminal Appeals
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1421
District court erred in denying appellants' 28 U.S.C. §2255 motion asserting ineffective assistance of counsel for failing to challenge venue for two of the counts on which they were convicted and court found appellants had a colorable claim for ineffective assistance of counsel and district court abused its discretion in failing to hold an evidentiary hearing. Vacated and remanded.
Publication Date: 2022-10-24
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Stearns
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1265
Petitioner appealed the denial of his habeas petition arguing his speedy trial rights were violated and court found the first Barker factor weighed against the commonwealth, since a 50-month delay was exceptional, as did the second and fourth factors. Reversed.
Publication Date: 2022-10-17
Practice Area: Criminal Appeals
Industry: Federal Government | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2775
Defendants appealed their conviction for wire fraud, mail fraud, conspiracy to launder money and theft of government property in case involving the return of unused pharmaceuticals and court vacated defendants' convictions for conspiracy to launder money but affirmed the other convictions. Affirmed in part and reversed in part.
Publication Date: 2022-10-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1630 MDA 2021
Defendant was entitled to a new trial on charges that he violated 18 Pa.C.S. §6106(a) by carrying a firearm without a license where the trial court erred in allowing the jury to hear inadmissible and irrelevant legal opinion testimony from a sheriff which could have contributed to the guilty verdict. The appellate court vacated defendant's judgment of sentence and remanded for a new trial.
Publication Date: 2022-10-03
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 426 MDA 2022
Files from cell phone's "notes" application fell within scope of search warrant seeking messages related to the nature of the relationship between defendant and the victim, where warrant could be interpreted as not limiting the scope to sent messages but instead including draft messages that could be contained in a note. Judgment of sentence affirmed.
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Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1427 EDA 2021
Trial court properly admitted social media posts where commonwealth authenticated the accounts as belonging to defendant through circumstantial evidence such as the accounts bearing defendant's nicknames and posts on both accounts that included photos and video depicting defendant. Judgment of sentence affirmed.
Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1165 EDA 2021
Court upheld finding of indirect criminal contempt where defendant intentionally posted video on the internet mentioning the existence and nature of a grand jury investigation in violation of the trial court's express instructions not to do so. Order of the trial court affirmed.
Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 2044 EDA 2021
PCRA petition dismissed where defendant did not have meritorious challenge to sufficiency of evidence supporting his endangering the welfare of a child conviction as defendant was driving a vehicle in which he had minor passengers and therefore owed a duty of care to carefully operate the vehicle to ensure the children's safety. Order of the trial court affirmed.
Publication Date: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2717
Appellant appealed his resentencing under the First Step Act and court found district court erred in finding it did not have the discretion to consider appellant's arguments concerning intervening changes in law affecting his career-offender status and in denying appellant the opportunity to file a memorandum and supplemental documentation to support his arguments. Vacated and remanded.
Publication Date: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1219
District court properly sentenced appellant on her convictions for attempted enticement of a minor and travel to engage in illicit sexual conduct with a minor because district court did not violate appellant's due process rights by basing her sentence on inaccurate information and did not err in considering prison wages in determining whether appellant was indigent for the purposes of an assessment under the victims of trafficking act. Affirmed.
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