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  • In the Interest of N.M.

    Publication Date: 2019-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1367

    Trial court correctly denied juvenile appellant's motion to suppress his statement made at the police station after he waived his Miranda rights because the totality of the circumstances of the second interrogation at the station showed appellant knowingly waived his rights. Affirmed.

  • Commonwealth v. Peters

    Publication Date: 2019-11-18
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1355

    Concealment of a firearm on another individual's person was insufficient to support a conviction for carrying a concealed firearm without a license. Order of the superior court reversed, case remanded.

  • Commonwealth v. Leap

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1317

    Facebook post offered to impeach victim's credibility was properly excluded where the fact that it was not authored by the victim, did not relate to the victim's credibility, and was posted months before the criminal conduct on trial meant that the post was irrelevant and highly prejudicial. Judgment of sentence affirmed.

  • Commonwealth v. Haines

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1320

    Defendant convicted as adult could not be subject to lifetime sex offender registration requirement where underlying criminal conduct was committed when defendant was a juvenile because due process prohibited applying irrebuttable presumption of risk of sexual reoffending against juveniles. Judgment of sentence vacated in part and affirmed in part.

  • United States v. Wegeler

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry: Education | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Greenaway
    Attorneys: For plaintiff: Sean F. Byrnes (Byrnes O’Hern & Heugle)
    for defendant: Mark E. Coyne, Anthony J. LaBruna, Jr., and John F. Romano (Office of United States Attorney); Charles W. Scarborough and William E. Havemann (U.S. Department of Justice)
    Case Number: 17-1717; 17-1718; 17-8009

    FCA Relator Could Not Intervene in Criminal Prosecution Against FCA Defendant to Assert Right to Share of Criminal Restitution

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  • United States v. Henley

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1308

    District court did not err in denying appellant's fourth amendment challenge to the warrantless search of his home by his parole agent because the totality of the facts presented showed a reasonably prudent parole agent would have suspected that appellant had returned to drug trafficking and evidence of it would be found in a search of his home. Affirmed.

  • Commonwealth v. Sexton

    Publication Date: 2019-11-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1318

    Evidence was sufficient to support witness intimidation, terroristic threats, and stalking conviction where commonwealth was not required to provide expert testimony to authenticate threatening graffiti was written by defendant where content, location, and timing of graffiti sufficient to find that defendant was the author. Judgment of sentence affirmed.

  • Commonwealth v. Whatley

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1295

    Trial court imposed an illegal order of restitution where restitution was imposed as a condition of probation and the trial court failed to make a finding of the defendant's ability to pay. Judgment of sentence vacated and remanded for resentencing.

  • Commonwealth v. Moore

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1293

    Internet publication of sex offender registration for offender who committed crimes prior to enactment of publication requirements under SORNA II violated Ex Post Facto clause. Judgment of sentence affirmed, appellant ordered removed from Megan's Law website.

  • U.S. v. Scales

    Publication Date: 2019-10-28
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1271

    Suspect's unequivocal request to be taken to a cell constituted an unambiguous invocation of the right to remain silent; law enforcement's continued questioning required suppression of the suspect's subsequent incriminating statements. Motion to suppress granted in part and denied in part.