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  • Commonwealth v. Mead

    Publication Date: 2024-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1192 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction for carrying a firearm without a license and related crimes. The court affirmed, holding that Commonwealth was not required to introduce evidence that a pistol in appellant's possession was an operable firearm in order to obtain appellant's conviction where no evidence was introduced to indicate that the firearm was, in fact, inoperable.

  • United States v. Rutherford

    Publication Date: 2024-11-22
    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: 23-1904

    The court denied appellant's motion for compassionate release based upon the First Step Act and a policy statement by the U.S. Sentencing Commission that followed his sentencing to 42.5 years for two armed robberies in violation of 18 U.S.C. 924(c) finding that the policy statement did not abrogate its decision in United States v. Andrews, 12 F.4th 255 (3d Cir. 2021).

  • Commonwealth v. Nicoletti

    Publication Date: 2024-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2228 EDA 2023

    No error in granting change of venue due to substantial and ongoing local and national media coverage of the incident leading to defendant's charges and the surrounding circumstances of the case. Order of the trial court affirmed.

  • Commonwealth v. Skundrich

    Publication Date: 2024-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 221 WDA 2024

    Trial court erred in dismissing Post Conviction Relief Act petition for lack of jurisdiction where it was filed during the pendency of an untimely filed direct appeal, meaning the judgment of sentence had become final, allowing defendant to pursue a PCRA petition. Order of the trial court vacated, case remanded.

  • Commonwealth v. Alvin

    Publication Date: 2024-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2872 EDA 2023

    Appellant appealed the Post Conviction Relief Act court's order dismissing his petition for updated DNA testing of evidence filed pursuant to the PCRA. The court affirmed, holding that appellant was not entitled to renewed DNA testing of clothing evidence recovered during investigation of the 2002 murder for which he was convicted where appellant offered nothing other than bald speculation that the updated testing method would identify a different suspect.

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    Lancaster County & Berks County Court Rules 2024

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  • United States v. Hubbard

    Publication Date: 2024-11-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2903

    Defendant appealed his conviction on multiple firearm and drug trafficking offenses and his sentence of 228 months in prison; challenging the district court's decisions to admit certain evidence and deny his motions for a new trial and judgment of acquittal, as well as the length of his sentence.

  • U.S. v. Soto

    Publication Date: 2024-11-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1827

    Jose Soto appealed his conviction for conspiracy to commit bank robbery, two counts of bank robbery, and two counts of using and carrying a firearm during a crime of violence.

  • U.S. v. Rodriguez

    Publication Date: 2024-11-19
    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: 24-1161

    Sentence was procedurally and substantively reasonable where offense level adjustment would not have affected the Guidelines range due to the statutory maximum and district court gave appropriate consideration to aggravating and mitigating factors.

  • Commonwealth v. Smith

    Publication Date: 2024-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 92 MAP 2021

    Appellant appealed an order of the Superior Court affirming the trial court's judgment of sentence entered on her convictions for murder and related crimes. The court affirmed, holding that appellant suffered no violation of her Confrontation Clause rights where the trial court admitted into evidence a redacted confession by her non-testifying co-defendant boyfriend, accompanied by a proper cautioning instruction to the jury.

  • Commonwealth v. Bradley

    Publication Date: 2024-11-15
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 123 MDA 2024

    Appellant's appointed counsel applied to withdraw from representation in light of appellant's nolo contendere plea before the trial court. The court denied the request to withdraw and remanded, holding that while appellant's plea waived his claims on direct appeal, he effectively set out a potentially meritorious claim for ineffective assistance of counsel in his pro se notice of appeal.