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  • Foxe v. Pa. Dep't of Corr.

    Publication Date: 2019-07-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0846

    DOC erred in failing to calculate credit for time served between a defendant's arrest for a second crime and the revocation of his bail for a prior arrest for which defendant had been released from custody pending disposition. Preliminary objections overruled.

  • Talbert v. Carney

    Publication Date: 2019-07-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0823

    Prisoner moved for appointment of counsel under 28 U.S.C. §1915(e)(1) and the court denied the request because prisoner was familiar with civil rights law, the rules of civil procedure and appellate practice; had demonstrated through prior pro se cases that he was capable of presenting his own case; he admitted he did not need a lawyer's skill and there was no basis to refer his case to the court's volunteer panel of attorneys. Motion denied.

  • Commonwealth v. Moore

    Publication Date: 2019-07-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0810

    Trial court properly denied Rule 600 motion to dismiss where magisterial district judge ordered sua sponte continuance of pretrial hearings and where commonwealth exercised due diligence in bringing defendant to trial within the mechanical run period. Judgment of sentence affirmed.

  • Commonwealth v. Jerdon

    Publication Date: 2019-07-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0812

    Trial court erred in piercing Rape Shield Law to permit evidence of prior sexual relationship between victim and defendant's stepson where such evidence was not relevant to show their bias or motivation to lie or seek retribution against defendant. Order of the trial court reversed.

  • Commonwealth v. Shaffer

    Publication Date: 2019-07-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0757

    Motion to suppress properly denied where child pornography discovered on computer during technician's repair constituted private search. Order of the superior court affirmed.

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  • Commonwealth v. Santiago

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0756

    Police officer's out-of-court identification of defendant was tainted by illegal search of defendant's cell phone, but officer could make admissible in-court identification of defendant based on officer's personal observation of defendant during valid initial traffic stop. Order of the superior court affirmed.

  • M.S. v. Pennsylvania State Police

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0762

    Petitioner petitioned for mandamus in relation to his designation as a sex offender and court found the Pennsylvania state police erred in ignoring petitioner's request for a hearing after he was determined to be a Tier III sex offender based on his conviction under the uniform code of military justice because the equivalency determination constituted an invalid adjudication under the administrative agency law and petitioner was entitled to a post-equivalency determination administrative appeal remedy that had to include an opportunit

  • Commonwealth v. Greenlee

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0751

    The commonwealth failed to prove beyond a reasonable doubt that defendant was prohibited from possessing a firearm under 18 Pa.C.S. §6105 where it offered as evidence only a parole order that did not demonstrate defendant had committed any of the disqualifying offenses in §6105(b). The appellate court reversed and remanded.

  • Commonwealth v. Lawson

    Publication Date: 2019-06-24
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0706

    The court granted defendant's petition for a writ of habeas corpus with respect to charges involving the delivery of controlled substances, because the commonwealth failed to show intent. The court denied the remainder of defendant's petition.

  • Commonwealth v. Hlubin

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0697

    Denial of motion to suppress evidence from DUI checkpoint overruled where checkpoint was operated by police outside of primary jurisdiction without a valid Intergovernmental Cooperation Act agreement. Order of the superior court reversed.