• Commonwealth v. Colon

    Publication Date: 2020-03-09
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0259

    Trial counsel was not ineffective for failing to request expert testimony on the fallibility of eyewitness identification where prevailing law at the time of trial did not permit such testimony and counsel was not obligated to predict changes in the law. Order of the PCRA court affirmed.

  • Ford v. Bd. of Probation & Parole

    Publication Date: 2020-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0238

    Parole board's decision to deny credit to petitioner for time he spent at liberty on parole because he committed a new crime less than nine months after being paroled was not an abuse of discretion. Affirmed.

  • Young v. Bd. of Probation & Parole

    Publication Date: 2020-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0236

    Commonwealth court properly held that board lacked the authority to reverse a previous award of street time granted pursuant to 61 Pa.C.S. 6138(a)(2.1). Affirmed.

  • Commonwealth of Pennsylvania v. Redovan

    Publication Date: 2020-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0227

    The trial court erred in finding defendant guilty of §2308(a)(8) of the Pennsylvania Game and Wildlife Code, which prohibits illegal baiting, where the conviction was based on information not involved in defendant's citation. The commonwealth court reversed the trial court's order.

  • Commonwealth v. Watson

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0190

    Trial court failed to overcome presumption of vindictiveness in imposing increased sentence on remand where trial court failed to identify aggravating factors not considered in the original sentence or any post-sentence information or conduct warranting an increased sentence. Judgment of sentence vacated and remanded.

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  • Ragbir v. United States

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Smith
    Attorneys: For plaintiff: Alina Das, Amy Joseph, Jessica Rofe, and Daniela Ugaz (Washington Square Legal Services, Inc., Immigrant Rights Clinic); R. Scott Thompson (Wollmuth Maher & Deutsch)
    for defendant: Mark E. Coyne (Office of United States Attorney)

    Case Number: 19-1282

    Petition for Writ of Error Coram Nobis Denied Where Petitioner Failed to Adequately Explain Six-Year Delay in Filing Petition

  • Commonwealth v. Benvenisti-Zarom

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0188

    The trial court did not err in denying defendant's motion to suppress the results of a blood alcohol test where the record supported the conclusion that defendant gave voluntary consent to the request for a blood draw, even though she had just been administered pain medication. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Segarra

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Privacy
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0191

    Trial court erred in ordering child advocate to review child's mental health records and disclose impeachment evidence to trial court presiding over child's alleged rapist's trial where such records were entitled to absolute privilege under the Mental health and Procedures Act. Order of the trial court reversed.

  • Commonwealth v. Edwards

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0187

    The trial court erred in finding defendant guilty on four counts of criminal mischief arising from his conduct in driving at a high rate of speed without regard for the consequences and colliding with multiple parked cars since damaging a car as a result of a collision does not constitute "tampering" under 18 Pa.C.S. §3304(a)(2). The superior court reversed defendant's judgment of sentence in part.

  • Commonwealth v. Dunkins

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Privacy
    Industry: Education | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0189

    The trial court did not err in denying defendant's motion to suppress cell site collection data offered at his trial where he stood accused of robbery on the campus of the college he attended since defendant agreed to surrender some privacy rights to have his cell phone access the college's Wi-Fi network in exchange for use of the network. The superior court affirmed.