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  • Commonwealth v. Taylor

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0621

    Trial court erred in precluding expert from testifying that there was no scientific validation that field sobriety tests could indicate drug impairment, based on the expert's lack of practical experience with administering field sobriety tests. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Geary

    Publication Date: 2019-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0619

    Voluntariness of consent to blood draw was not undermined where consent form merely warned suspect of the permissible civil and evidentiary consequences of a refusal to consent. Order of the trial court reversed, case remanded.

  • U.S.A. v. Greenspan

    Publication Date: 2019-05-20
    Practice Area: Criminal Law
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 190569

    Doctor's claims of error in his trial for accepting kickbacks, using interstate facilities with the intent to commit commercial bribery, committing honest-services wire fraud and conspiracy failed because none of the claims warranted reversal and the evidence of his guilt was overwhelming. Affirmed.

  • U.S. v. Milliner

    Publication Date: 2019-05-20
    Practice Area: Criminal Law | Social Media
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Tucker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0566

    Defendant moved to suppress physical evidence in the child pornography charges against him and the court found there was a substantial basis for the finding of probable cause for the search warrant, the warrant was not an impermissible general warrant and defendant was not entitled to a Franks hearing because the inaccuracies in the affidavit were substantively true and not material to the probable cause finding. Motion denied.

  • U.S. v. Greenspan

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry: Health Care | Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Bibas
    Attorneys: For plaintiff: Peter Goldberger and Pamela A. Wilk
    for defendant: Craig Carpenito, United States Attorney, Mark E. Coyne, John F. Romano, and Steven G. Sanders (Office of United States Attorney)
    Case Number: 17-2458

    District Court Erred in Limiting Advice-of-Counsel Defense but Conviction Affirmed Due to Overwhelming Evidence of Criminal Intent

  • Law Journal Press | Digital Book

    REITs: Mergers and Acquisitions

    Authors: David M. Einhorn, Adam O. Emmerich, Robin Panovka

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  • Commonwealth v. Massenburg

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0502

    The court concluded defendant's judgment of sentence should be affirmed, because prior bad acts evidence was properly admitted, and the commonwealth provided sufficient evidence to support the murder conviction.

  • Commonwealth v. Perfetto

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0553

    Compulsory joinder statute required dismissal of misdemeanor DUI charges before municipal court when defendant was previously convicted by the traffic division of the municipal court of a summary traffic offense arising from the same incident. Order of the superior court reversed, order of the trial court reinstated.

  • Commonwealth v. Machicote

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0549

    The superior court erred in holding that the trial court's failure to address the factors set forth in Miller v. Alabama on record was moot, as a court sentencing a juvenile for a crime for which life without parole is an available sentence must review on record the Miller factors, regardless of whether the defendant is ultimately sentenced to life without parole. The high court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v. Alexander-Frisby

    Publication Date: 2019-05-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0381

    The commonwealth failed to exercise due diligence in getting this criminal case to trial before the mechanical run date; therefore, defendant was entitled to the relief sought in her petition for dismissal of all charges with prejudice pursuant to Pa.R.Crim.P. 600. The court granted defendant's motion to dismiss.

  • Commonwealth v. Myers

    Publication Date: 2019-05-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0471

    The evidence was sufficient to support the attempted criminal trespass charge against defendant, who forcefully banged on the victim's door in an attempt to enter the residence by intimidation, as defendant's voluntary intoxication was not a proper defense or admissible evidence to negate the scienter element of the crime. The court denied in part defendant's petition for writ of habeas corpus.