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  • Commonwealth v. Mulkin

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0192

    Trial court's reliance on pre-sentence investigation report supported imposition of aggravated range sentence, but trial court erred in failing to set restitution and costs at sentencing and postponing them until a later date. Judgment of sentence vacated, case remanded for resentencing.

  • United States v. Hoffert

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0202

    Appellant challenged his conviction for filing false liens in violation of 18 U.S.C. §1521 and court found §5121 was not unconstitutionally vague or overbroad, did not criminalize protected speech and evidence allowed jury to conclude that appellant filed the liens knowing or having reason to know they were false. Affirmed.

  • Commonwealth v. Wilson

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0159

    Trial court erred in sua sponte reconsidering factual determinations post-verdict where defendant admitted to violating valid emergency protection from abuse order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Derby

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0120

    A police officer's warrantless re-entry into a vehicle after the defendant had been arrested did not fall under any exception to the warrant requirement, so the court granted a motion to suppress the evidence obtained during that vehicle search.

  • Commonwealth v. Sanders

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0154

    The proof of record did not support a conviction for homicide by vehicle where there was no evidence that defendant, a bus driver who struck a pedestrian while driving a bus, was consciously aware of a substantial and unjustifiable risk created by her conduct that would cause injury to the victim. The superior court reversed defendant's judgment of sentence in part.

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  • Commonwealth v. Beatty

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0152

    The trial court did not err in finding there was sufficient evidence to establish that defendant conspired to provide a controlled substance to the victim, who died of fentanyl toxicity, since heroin and fentanyl are both controlled substances and the fact that the substance was heroin with fentanyl, not solely heroin, was of no significance for purposes of establishing the elements of the crime. The superior court affirmed.

  • Commonwealth v. Powell

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0155

    The trial court did not err in finding, based on the totality of the circumstances, that defendant was subjected to an investigative detention while sitting in his parked car when a police officer who was accompanied by a sheriff's deputy ordered him to lower his window. The superior court affirmed a suppression order.

  • United States v. Limper

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0171

    Defendant moved to dismiss indictment on speedy trial grounds and court found the continuances served the ends of justice in ensuring adequate preparation time for a complex case as the case changed from a two-count indictment against one defendant to a 55-count superseding indictment alleging a four-defendant conspiracy. Motion denied.

  • United States v. Johnman

    Publication Date: 2020-02-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0142

    District court correctly imposed a $15,000 special assessment on appellant under the justice for victims of trafficking act, 18 U.S.C. §3014, because the text and its context meant a separate assessment applied to every qualifying count of conviction. Affirmed.

  • Commonwealth v. Carr

    Publication Date: 2020-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0097

    The evidence was sufficient to support defendant's conviction for drug delivery resulting in death, the appellate court found in an opinion rejecting defendant's claim that the crime was not legally cognizable as it was logically impossible for a person to intentionally conspire to achieve an unintended reckless result. The appellate court affirmed.