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  • Commonwealth v. Holt

    Publication Date: 2022-05-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0535

    Evidence was sufficient to convict for first-degree murder where it showed that defendant fired multiple shots in quick succession, with several striking the victim, and therefore it could support an inference that defendant intentionally aimed his firearm at the victim. Judgment of sentence affirmed.

  • United States v. Zayas

    Publication Date: 2022-05-09
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0519

    Court affirmed district court's denial of defendant's challenged to the sufficiency of the evidence in his controlled substance convictions for distribution and conspiracy to distribute, distribution to a pregnant individual and distribution resulting in death but reversed his conviction for distribution within 1000 feet of a playground because question was not properly submitted to the jury. Affirmed in part, reversed in part.

  • Commonwealth v. Trusty

    Publication Date: 2022-05-09
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Green
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0414

    Defendant could not overcome the presumption of trial counsel's effectiveness in this criminal matter where he failed to demonstrate that trial counsel lacked a reasonable basis for his actions or that counsel's actions were so prejudicial as to have denied him a fair trial. The court of common pleas recommended affirmance.

  • Commonwealth v Garcia

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0451

    The trial court erred in denying defendant's motion to withdraw his guilty plea on charges of sexual assault where defendant asserted a consent defense that was at least plausible and there was no basis to find that withdrawal of his plea would result in substantial prejudice to the prosecution. The superior court reversed.

  • Commonwealth v. Edwards

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0452

    In an opinion announcing the judge of the court, the high court found that the prosecution's Batson violation during voir dire was not undertaken recklessly with a conscious disregard for a substantial risk that defendant would be denied a fair trial and did not constitute a prosecutorial tactic designed to provoke him into seeking a mistrial. The high court affirmed the denial of defendant's motion to dismiss charges.

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  • Commonwealth v. Lehnerd

    Publication Date: 2022-04-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0428

    Trial court erred in denying motion to suppress evidence where there was no evidence that defendant's parents had apparent authority to consent to the police's entry into the residence that defendant maintained separately from his parents. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Williams

    Publication Date: 2022-04-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0401

    Trial court erred in admitting expert testimony from a lay witness regarding under-disclosure of sexual abuse by child victims, where the questioning about under-disclosure was framed within the context of the witness's professional experience interviewing child victims of abuse. Judgment of sentence vacated, case remanded for a new trial.

  • Commonwealth v Fuentes

    Publication Date: 2022-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0309

    Defendant's weight of the evidence challenge to his convictions for the rape of a child and related offenses did not warrant relief as he did not produce any authority to demonstrate that the victim's testimony was so unreliable that it could not act as a basis on which to convict him. The superior court vacated the judgment of sentence on other grounds.

  • Commonwealth v. Schroat

    Publication Date: 2022-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0341

    Sentencing court erred in resentencing defendant to life in prison without parole for a murder he committed as a juvenile where it inordinately focused on the nature of the underlying offense rather than defendant's youth, history, and rehabilitative needs. Judgment of sentence vacated, case remanded.

  • United States v. Hall

    Publication Date: 2022-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0330

    Appellant appealed his conviction on mail fraud, money laundering, aggravated identify theft and conspiracy to commit money laundering and court found probation's officer identification of appellant's voice on recorded phone calls was sufficiently reliable in light of the substantial time probation officer spent with appellant, playing appellant's post-arrest interview for jury so it could make its own voice comparison did not improperly charge jurors with serving as expert witnesses and appellant's fourth amendment suppression argume