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  • Fultze v. Pennsylvania Parole Bd.

    Publication Date: 2022-01-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1506

    Petitioner appealed board's decision rescinding his parole to the court via a pro se petition for review even though board had not ruled on his administrative remedies form and court found it lacked jurisdiction to consider the appeal since it was filed prematurely. Petition quashed.

  • Commonwealth v. Page

    Publication Date: 2022-01-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1426

    Defendant's Post Conviction Relief Act petition lacked merit where he failed to explain how trial counsel's alleged failure to follow up on questions regarding his occupation as a drug dealer presented a potential for success at trial substantially greater than the course counsel actually pursued. The court recommended affirmance.

  • Commonwealth v. King

    Publication Date: 2021-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1496

    Unintentional error in failing to recognize significance of evidence favorable to defense and turn over the evidence did not rise to the level of prosecutorial overreach that warranted application of the double jeopardy rule. Order of the trial court reversed, case remanded.

  • Maple v. Superintendent Albion SCI

    Publication Date: 2021-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1491

    District court erred in granting defendant's habeas petition based on a Miranda violation because the evidence against defendant was very strong and even if trial court should have suppressed his confession, any error was harmless. Reversed.

  • Commonwealth v. Wharton

    Publication Date: 2021-12-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1444

    As-applied constitutional challenge to PCRA time bar failed where petitioner had not explained why he could not bring his petition within the time bar or under any of the statutory exceptions to the time bar. Order of the PCRA court affirmed.

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  • 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.