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  • Commonwealth v. Conroy

    Publication Date: 2019-06-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge En Banc
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0604

    Statutory amendments to state law regarding sex offender registration did not affect the punitive nature of the statute, so the court was precluded from holding hearings regarding the designation of sexually violent predators.

  • Commonwealth v. Harris

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0686

    Appellant asserted errors in the trial court's expungement order and trial court acknowledged certain clerical errors and court found other errors in the order and remanded for the order to be reissued. Remanded.

  • Commonwealth v. Kelso

    Publication Date: 2019-06-10
    Practice Area: Criminal Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0597

    The court granted a motion to dismiss the receiving stolen property charge and related charges against defendant where the commonwealth failed to establish a prima facie case, which required it to produce evidence of each of the material elements of the crimes charged. The trial court dismissed the criminal case against defendant.

  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2019-06-10
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0660

    Trial court imposed illegal sentence against corporate criminal defendant by barring it from doing business in Pennsylvania as a condition of the probation ordered in the judgment of sentence. Judgment of sentence vacated, case remanded for resentencing.

  • U.S.A. v. Trant

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0658

    Trial court did not err in allowing the prosecution to reopen its case-in chief to present appellant's stipulation that he was a convicted felon and did not err in restricting appellant's cross-examination of a witness about the witness's illegal firearm possession because reopening the case did not prejudice appellant and the line of questioning would not have affected the jury's impression of witness's credibility. Affirmed.

  • Law Journal Press | Digital Book

    Insurance Bad Faith in Pennsylvania, 24th Edition

    Authors: RICHARD L. MCMONIGLE, JR., BRYAN M. SHAY, JEFFREY M. BRENNER

    View this Book

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  • Commonwealth v. Scott

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0646

    Police lacked probable cause to extend vehicle search for narcotics from passenger compartment to trunk where police could not articulate facts that would indicate a likelihood that additional contraband would be found in the vehicle trunk. Order of the trial court affirmed.

  • Commonwealth v. Lekka

    Publication Date: 2019-06-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0647

    Trial court properly added 10 years to minimum sentence for juvenile murder offender where trial court weighed offender's lack of insight into his role in the murder and the brutality of the offense. Judgment of sentence affirmed in part and reversed in part.

  • Commonwealth v. Marich

    Publication Date: 2019-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0588

    The court denied defendant's petition for a writ of habeas corpus, because the commonwealth established the elements of a prima facie case for drug delivery resulting in death. Questions regarding credibility were not proper at the habeas stage.

  • Commonwealth v. Madison

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0587

    The court denied a motion to suppress, because defendant had a diminished privacy interest as a vehicle occupant, and the officer had probable cause to stop the vehicle after witnessing the driver engaging in unlawful activity.

  • Commonwealth v. Russell

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0620

    Evidence was sufficient to convict for aggravated assault where it demonstrated that appellant shoved his elderly victims to the ground and down flights of stairs, which could support the jury's inference that appellant intended to inflict serious bodily injury. Judgment of sentence affirmed.