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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.

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  • Commonwealth v. Talley

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0039

    Commonwealth was required to have a "substantially more likely than not" standard of proof, situated between prima facie and beyond a reasonable doubt, to deny bail to a criminal defendant. Judgment of the superior court affirmed.

  • Commonwealth v. James

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0047

    Appellant appealed his conviction and sentence for simple assault, recklessly endangering another person and discharging a firearm into an occupied structure and court found the garage involved in the incident qualified as an occupied structure. Affirmed.

  • Commonwealth v. McCabe

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0036

    The lower courts correctly interpreted the procedural requirements for problem-solving courts such as a Veterans Treatment Court as being distinct from Accelerated Rehabilitative Disposition and, thus, properly found that Chapter 3 of the Pennsylvania Rules of Criminal Procedure did not apply to the disposition of defendant's case. The high court affirmed.

  • Commonwealth v. DiStefano

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0016

    Superior court erroneously overruled trial court's evidentiary ruling when superior court failed to explain how trial court abused its discretion in excluding evidence after finding that its risk of prejudice outweighed any probative value. Judgment of the superior court vacated, case remanded.

  • Commonwealth v. Young

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0013

    Although failure to file separate notices of appeal at each docket number meant that an appeal was not perfected, Pa.R.A.P. allowed appellate courts to exercise discretion to remand the case to allow the appellant to correct its error. Order of the superior court reversed and remanded.