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  • Commonwealth v. Williams

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2320 EDA 2023

    Appellant appealed the trial court's order dismissing his petition under the Post Conviction Relief Act. The court affirmed, holding that the PCRA court erred by considering the merits of appellant's fatally untimely ineffectiveness of counsel claims. The court held further that the PCRA court properly denied appellant's claim seeking a new trial on the basis of after-acquired evidence where appellant failed to show that the evidence, consisting of unrelated disciplinary action against a testifying police officer, would likely result

  • Commonwealth v. Gaspard

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2977 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on her jury convictions for theft by deception and false swearing. The court affirmed, holding that evidence supported appellant's conviction for theft by deception where appellant failed to disclose her personal business income while receiving Section 8 housing benefits.

  • Commonwealth v. Paulin

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 159 OF 2024

    Defendant filed an omnibus pretrial motion consisting of a motion to suppress evidence derived from a motor vehicle stop and a petition for writ of habeas corpus. The court granted the motion and the petition, holding that a state trooper lacked reasonable suspicion to pull over defendant for driving under the influence where a dash cam recording showed that the tires on defendant's vehicle momentarily touched his traffic lane's center line and fog line on several occasions, but without crossing over the lines.

  • Commonwealth v. Kolesar

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 355 WDA 2024

    Appellant appealed the trial court's judgment of sentence entered on his convictions for driving under the influence and other crimes. The court affirmed, holding that appellant was properly ordered to serve sentence on his fifth DUI conviction consecutively to his other DUI sentences pursuant to 75 Pa.C.S. § 3804(c.2).

  • Ross v. Adm'r E. Jersey State Prison

    Publication Date: 2024-10-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1240

    Appellant Lenny Ross appealed the denial of his Rule 60(b) motion.

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  • United States v. Wiggins

    Publication Date: 2024-09-30
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2831

    Appellant appealed his sentence after pleading guilty to being a felon in possession of a firearm.

  • United States v. Whittaker

    Publication Date: 2024-09-27
    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: 24-1206

    Appellant appealed the sentence imposed after he pleaded guilty to one count of making a false claim to the United States.

  • Commonwealth v. Speed

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 900 WDA 2023

    Trial court correctly denied Rule 600 motion where delays attributable to defendant due to his continuances pushed the adjusted run date to after defendant's motion was filed or the entry of his guilty plea. Judgment of the trial court affirmed.

  • Rainey v. Pennsylvania Parole Bd.

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1124 C.D. 2023

    Time that a parolee was not in custody or accessible to the parole board was excludable from the 120-day deadline for holding a revocation hearing. Adjudication of the parole board affirmed.

  • Commonwealth v. Krzan

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1638 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of certain sex crimes. The court affirmed, holding that the trial court did not err in permitting Commonwealth to introduce evidence of appellant's pre-arrest silence where appellant's trial testimony created the impression that he had spoken with police about the allegations against him prior to his arrest.