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Publication Date: 2019-08-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0998
PCRA relief properly granted where plea counsel affirmatively misadvised defendant that his guilty plea would not adversely affect defendant's immigration status and defendant would not have pled guilty had he been correctly advised of the immigration consequences of his plea. Order of the PCRA court affirmed.
Publication Date: 2019-08-26
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Greenaway
Attorneys: For plaintiff: Leigh M. Skipper, Arianna J. Freeman, and Brett G. Sweitzer (Federal Community Defender Office for the Eastern District of Pennsylvania); Heidi Freese and Ronald A. Krauss (Federal Defender Office for the Middle District of Pennsylvania); Richard Coughlin and Julie A. McGrain (Federal Defender Office for the District of New Jersey); Lisa B. Freeland and Elisa A. Long (Federal Defender Office for the Western District of Pennsylvania)
for defendant: William M. McSwain and Robert A. Zauzmer (Office of United States Attorney Eastern District of Pennsylvania); David J. Freed and Stephen R. Cerutti (Office of United States Attorney for the Middle District of Pennsylvania); Craig Carpenito, Steven G. Sanders, and Mark E. Coyne (Office of United States Attorney for the District of New Jersey); Scott W. Brady, Tina O. Miller, Rebecca R. Haywood, and Laura S. Irwin (Office of United States Attorney for the Western District of Pennsylvania)
Case Number: NO. 16-2027; 16-2080; 16-2273 & 16-2312; 16-2414; 16-2422
Second or Successive Habeas Petitions Met Pre-Filing Requirements Where Court Struck Down Portion of Statute as Unconstitutionally Vague
Publication Date: 2019-08-26
Practice Area: Criminal Law
Industry: Education | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0933
A criminal defendant was under arrest when he was placed in handcuffs and detained by a school security guard. The court granted defendant's motion to suppress, because it found that the security guard did not have authority to arrest defendant, and police failed to read defendant his rights.
Publication Date: 2019-08-19
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Matey
Attorneys: For plaintiff: Richard Coughlin and Julie A. McGrain (Office of the Federal Public Defender)
for defendant: Craig Carpenito, Mark E. Coyne, and John F. Romano (Office of the United States Attorney); Jason M. Richardson (Office of the United States Attorney)
Case Number: 18-2444
Appellate and Collateral Attack Waiver in Plea Agreement Barred Motion to Terminate Supervised Release, Which Constituted Challenge to Sentence
Publication Date: 2019-08-12
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0953
Juvenile appealed the dispositional order and court found juvenile court properly declined to sequester mother of victim during victim's testimony in a rape and strangulation case because appellant had not named mother as a witness and trial court properly exercised its discretion in ruling on appellant's weight of the evidence claim. Affirmed.
Law Journal Press | Digital Book
Authors: GERRIT M. PRONSKE
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Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0904
Admission of evidence of a driver's refusal to submit to blood chemical testing in DUI case did not violate constitutional prohibition on criminal penalties for a refusal to submit to warrantless blood testing. Order of the superior court affirmed.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0860
Defendant waived the issue of recusal by failing to timely raise it and, even if he had not, recusal was not warranted given that the trial judge's prior role as district attorney and statements made during trial were insufficient to create an appearance of bias. The trial court denied defendant's motion for recusal.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lovecchio
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0859
The commonwealth failed to keep any records to ensure it met its due diligence obligations in connection with defendant's right to a speedy trial. The court granted defendant's motion to dismiss.
Publication Date: 2019-08-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0899
The superior court properly found that the enhanced sentence provision in §780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act was not ambiguous and that defendant's prior convictions under the act were correctly used to enhance his latest sentence for a recent conviction under the act. The high court affirmed.
Publication Date: 2019-07-29
Practice Area: Civil Rights | Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0886
Doctor moved for review and reconsideration of his pretrial detention order and court found government carried its burden of establishing that no set of conditions could assure doctor's presence at trial, sureties proposed by doctor did not provide adequate assurance that he would not flee and his detention did not violate due process.
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