• Commonwealth v. Moye

    Publication Date: 2021-12-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1403

    The trial court did not err in concluding that defendant's new sentence was not a de facto life without the possibility of parole where the evidence established that defendant would have a meaningful opportunity to obtain his release. The court affirmed defendant's judgment of sentence.

  • United States v. Shulick

    Publication Date: 2021-11-29
    Practice Area: Criminal Appeals
    Industry: Education | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1380

    Appellant appealed his conviction for embezzlement under 18 U.S.C. §§371 and 666(a)(1)(A and bank fraud and court found his speedy trial rights were not violated and district court's evidentiary rulings and jury instructions were proper and it properly calculated the fraud loss, forfeiture and restitution appellant owed. Affirmed.

  • Commonwealth v. Purnell

    Publication Date: 2021-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1195

    The trial court did not abuse its discretion in granting a request to have a comfort dog present during the testimony of an autistic minor where it substantially comported with a Connecticut balancing test for guidance in deciding whether to permit the use of comfort animal, i.e., a test the high court adopted herein. The high court affirmed defendant's judgment of sentence.

  • Commonwealth v. Harrington

    Publication Date: 2021-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1196

    The trial court did not err in admitting video surveillance that tracked the interaction between defendant's cousin and the police officer that her cousin shot as such evidence was relevant to prove the underlying crime by defendant's cousin, which was an element of the offense of hindering apprehension or prosecution. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Raboin

    Publication Date: 2021-09-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1089

    Admission of forensic interview of child sexual assault victim in its entirety under Rule 106 was erroneous where only certain portions of the interview would have served to correct misleading impressions introduced by defense cross-examination. Judgment of the superior court reversed, case remanded.

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  • Commonwealth v. Williams

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1049

    Trial court erred in revoking state intermediate punishment sentence following the repeal of the revocation statute where the replacement statute did not contain a savings clause preserving revocation. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Howard

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1048

    A parent riding with their young child in a car-for-hire that did not have a child car seat installed did not, without more, support a conviction for endangering the welfare of a child.

  • Commonwealth v. Carr

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1046

    Trial court erred in imposing conditions of probation for a sex offense that included restrictions on contact with minors and use of internet-capable devices, where there was no nexus between the crime of conviction and those restrictions, with the trial court citing defendant's still-pending charges in another jurisdiction to support imposing those restrictions. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Dula

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1047

    Trial court did not err in admitting testimony regarding severely disabled indecent assault victim's sounds and other non-verbal behaviors where, in conjunction with appellant's unusual behaviors after being caught in a compromising position with the victim, the jury could infer that an assault had taken place. Judgment of sentence affirmed.

  • Commonwealth v. Prizzia

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1041

    The trial court properly found that police had probable cause to stop defendant's vehicle for a violation of 75 Pa.C.S. § 4524(e)(1), i.e., illegally tinted windows, where the evidence established that the windows of defendant's car were so darkly tinted that police could not see inside. The appellate court affirmed.