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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

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • United States v. Pawlowski

    Publication Date: 2022-03-21
    Practice Area: Criminal Appeals
    Industry: Consulting | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0318

    Defendant mayor challenged his convictions on federal programs bribery, Travel Act bribery, attempted Hobbs Act extortion, wire and mail fraud, honest services fraud, making false statements to the FBI and conspiracy and court found ample evidence of explicit quid pro quo as to the seven potential donors he asked for donations, evidence sufficiently showed he made materially false statements to the FBI and trial court's denial of recross examination during testimony of a cooperating witness was harmless. Affirmed.

  • United States v. Allinson

    Publication Date: 2022-03-21
    Practice Area: Criminal Appeals
    Industry: Federal Government | Legal Services | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0317

    Court affirmed defendant's convictions on federal programs bribery in connection with a pay-to-play scheme involving mayor because there was sufficient evidence of an explicit quid pro quo, variance in the proof and indictment did not affect defendant's rights and government did not constructively amend the indictment with respect to the bribery charge and did not misstate the law during closing argument. Affirmed.

  • Commonwealth v. Murchison

    Publication Date: 2022-03-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0273

    PCR court dismissal of appellant's third PCR petition correctly found appellant's newly discovered DNA results, recently available due to new testing procedures, was merely cumulative and not likely to compel a different result. Affirmed

  • Commonwealth v. Garcia

    Publication Date: 2022-02-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Koury, Jr.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0064

    The court held that there was no error when defendant was given sexually violent predator status and when the trial court denied defendant's motion to withdraw his guilty plea. Affirmed.

  • Commonwealth v. Waller

    Publication Date: 2022-01-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Green
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1530

    The court held that the sufficiency and weight of evidence supported the guilty verdict of possession of a firearm without a license and by a convicted felon against defendant who ran from police and hid gun in a barbeque grill. Motion denied.