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  • Commonwealth v. Harlan

    Publication Date: 2019-05-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0513

    While the affidavit of probable cause supporting a search warrant contained hearsay information from a confidential informant and a concerned citizen, the totality of the circumstances set forth in the affidavit was sufficient to demonstrate a fair probability that contraband or evidence of a crime would be found. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Nichols

    Publication Date: 2019-05-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0516

    Appellant's filing of a single notice of appeal from an order resolving multiple dockets, following the decision in Commonwealth v. Walker, required quashal of the appeal. Appeal quashed.

  • Commonwealth v. Rodriguez

    Publication Date: 2019-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Banach
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0440

    The commonwealth failed to demonstrate serious bodily injury, so the court dismissed those aggravated assault charges. However, the evidence indicated that two police officers sustained bodily injury in the course of their duty, so the court denied defendant's motion to dismiss those charges.

  • Commonwealth v. Lippincott

    Publication Date: 2019-04-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0485

    SORNA did not apply to sex offender who committed underlying offenses prior to the effective date of SORNA, since SORNA's punitive nature meant that retroactive application would pose an ex post facto violation. Order of the trial court vacated.

  • Commonwealth v. Glicas

    Publication Date: 2019-04-29
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Banach
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0439

    Police failed to strictly comply with their procedures for towing a vehicle and conducting an inventory search, so the court granted defendant's motion to suppress.

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    Federal Trade Commission: Law, Practice and Procedure

    Authors: Peter C. Ward

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  • United States v. Greenspan

    Publication Date: 2019-04-29
    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

  • Commonwealth v. Wood

    Publication Date: 2019-04-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0484

    Application of SORNA to sex offender constituted an ex post facto violation where offender's underlying offense occurred before the effective date of SORNA. Judgment of sentence vacated.

  • U.S. v. McCants

    Publication Date: 2019-04-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Hardiman
    Attorneys: For plaintiff: Leticia Olivera and Louise Arkel (Office of Federal Public Defender)
    for defendant: Mark E. Coyne and Richard J. Ramsay (Office of United States Attorney)
    Case Number: 17-3103

    Police Could Conduct Stop-and-Frisk Where Anonymous 911 Call of Armed Attacker Bore Sufficient Indicia of Reliability

  • Commonwealth v. Eldred

    Publication Date: 2019-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0453

    Defendant did not have the right to cross-examine victim about her impact statement during sentence modification motion hearing, particularly where defendant was afforded opportunity to present other evidence to undermine the credibility of victim's assertions in her impact statement. Judgment of sentence affirmed.

  • Commonwealth v. Cox

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0389

    Denial of Atkins claim vacated where PCRA court erroneously relied upon lay family members' failure to intervene as evidence of defendant's lack of functional problems and where PCRA court failed to explain credibility and factual determinations of competing expert testimony. Order of the PCRA court vacated and remanded.