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  • Commonwealth v. Copenhaver

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0452

    The high court considered the limited issue of whether defendant's operation of a motor vehicle with an expired registration sticker, standing alone, amounted to a breach of the peace and concluded that it did not. The high court vacated and remanded.

  • Commonwealth v. Miller

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0454

    PCRA court erred in ordering a new trial on ineffective assistance grounds where alleged evidence of actual innocence would likely have been inadmissible hearsay and where PCRA court failed to conduct proper ineffective counsel analysis. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Hudson

    Publication Date: 2020-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0427

    The trial court erred in revoking defendant's probation based on his failure to pay court costs since the costs were not part of defendant's sentence but merely incidental to the judgment imposed. The superior court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v. Ramos

    Publication Date: 2020-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0429

    Defendant could not raise alleged prejudice arising from the admission of certain evidence at trial where he specifically asked the trial court not to provide a curative instruction, which could have allayed any prejudice. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. McGhee

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0414

    Trial court properly ruled on admissibility of testimony where cross-examination defendant sought was not relevant to the issues at trial, constituted character assassination of the victim and other complaining witnesses, and was otherwise barred from admission under the Rape Shield Law. Judgment of sentence affirmed.

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  • United States v. Folk

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0416

    Appellant filed a §2255 motion asserting sentencing court used an incorrect career-offender enhancement in sentencing him and court found an incorrect career-offender enhancement under the advisory guidelines was not cognizable under §2255 because it was not a fundamental defect that inherently resulted in a complete miscarriage of justice. Motion denied.

  • Commonwealth v. Lehman

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0413

    Inmate was not entitled to immunity under Drug Overdose Response Immunity Act for charge of possession of controlled substance contraband by an inmate since that charge was a serious felony for which the Act did not provide immunity. Judgment of sentence affirmed.

  • Commonwealth v. Hopkins

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0412

    Trial counsel was ineffective for failing to seek a Frye hearing to preclude commonwealth expert testimony that was not based on any testing or generally accepted scientific methodology. Order of the PCRA court reversed, case remanded.

  • United States v. Raia

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Smith
    Attorneys: For plaintiff: Mark E. Coyne and Steven G. Sanders (Office of United States Attorney)
    for defendant: Jenny Chung and Lee Vartan (Chiesa Shahinian & Giantomasi); David M. Dugan (Chiesa Shahinian & Giantomasi); Alan L. Zegas (Law Offices of Alan L. Zegas)
    Case Number: 20-1033

    Compassionate Release Motion Denied Where Not Directed to Sentencing Court and Where Prisoner Failed to Exhaust Administrative Remedies

  • Commonwealth v. Fredrick

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0407

    The warrantless search of defendant's mobile home was constitutionally permissible where he had called police to investigate the possible theft of multiple firearms from his mobile home, thereby providing police with his valid consent to the search. The appellate court affirmed defendant's judgment of sentence.