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  • Commonwealth v. Rehrig

    Publication Date: 2020-01-27
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0031

    In this animal cruelty case, the court determined that the restitution sought by two animal shelters had a nexus to the crimes and was not excessive.

  • United States v. Small

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68853

    Searches of defendant's vehicle and home were constitutionally valid, so denial of a motion to suppress was proper.

  • United States v. Carey

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0048

    Defendant moved to suppress evidence found in his cell phones asserting the 25-day delay between the seizure and the warrant application was constitutionally unreasonable and court found the delay was not so unreasonable as to violate defendant's fourth amendment rights. Motion denied.

  • Commonwealth v. Sears

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lebanon County
    Judge: Judge Charles
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0019

    Defendant was entitled to habeas corpus relief as to two retaliation charges, because he had already been convicted and punished regarding an earlier threat.

  • United States v. Bell

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0047

    District court properly applied the enhancement for use of a dangerous weapon but erred in applying the enhancement for physical restraint in sentencing appellant for a robbery because appellant did not physically restrain the victim sufficiently to invoke the application of the enhancement where he grabbed victim by neck, put him on the floor, hit him with his fake gun but victim twice attempted to thwart the robbery by grabbing appellant. Affirmed in part and reversed in part.

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  • United States v. Weyerman

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Diamond
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0049

    Defendant moved to suppress evidence of child pornography found on his computer when law enforcement executed a search warrant and court found probable cause supported the warrant and defendant's challenge to algorithm FBI used to help identify him was meritless since testimony showed the algorithm was reliable and defendant presented no evidence to impugn it. Motion denied.

  • Commonwealth v. Johnson

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1529

    While the court could not rely on field sobriety tests performed by the arresting officer in making a determination that probable cause existed to arrest defendant for driving under the influence, the officer's observations of defendant's bloodshot and jerking eyes, slurred speech and the smell of alcohol were sufficient to demonstrate probable cause. The court denied a motion to suppress.

  • Commonwealth v. Gomez

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0007

    Commonwealth presented sufficient evidence for persons not to possess conviction where defendant's obstinate behavior allowed factfinder to infer defendant knew or believed handguns were stolen and to find that defendant was in constructive possession. Judgment of sentence affirmed.

  • Commonwealth v. Christman

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0002

    The sentencing court abused its discretion in applying an 18-month sentencing guideline enhancement to the charges of sexual abuse of children-possession of child pornography by aggregating all images pertaining to 11 separate counts of sexual abuse of children onto each single count. The appellate court vacated the judgment of sentence and remanded.

  • Commonwealth v. Crosby

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0001

    The commonwealth produced enough evidence to support a finding that defendant's repeated threats to a school administrator were not spur-of-the-moment threats made as a result of anger and that defendant made a threat to commit a crime of violence with intent to terrorize another or with reckless disregard for the risk of causing terror. The appellate court affirmed the judgment of sentence.