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  • Commonwealth v. Mikec

    Publication Date: 2019-03-25
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0318

    Trial court erred in convicting landowner for a second citation for a leaking septic system that was part of an ongoing leakage problem where the legislature authorized only one criminal conviction per continuous violation. Conviction reversed, judgment of sentence vacated.

  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Martin

    Publication Date: 2019-03-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0320

    Although a punitive measure, a sex offender registration requirement under SORNA could be longer than the statutory sentencing maximum for the underlying criminal conviction because sex offender registration was unconnected to sentencing maximums. Judgment of sentence affirmed.

  • U.S.A. v. Reese

    Publication Date: 2019-03-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0295

    Appellant challenged his conviction on speedy trial grounds and the court found the district court sua sponte continued the case well beyond the 70 day limit without stating the factual basis for excluding time or using language that invoked the act and the delay caused by the continuance was not excluded and could not be excluded in hindsight. Reversed and remanded.

  • Commonwealth v. Beidler

    Publication Date: 2019-03-18
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0252

    The commonwealth failed to meet its burden of establishing that defendant, who clandestinely spied upon his adult stepdaughter and her young granddaughter but had no physical contact with these victims, was a sexually violent predator under Pennsylvania law. The court denied the commonwealth's request for a sexually violent predator designation.

  • Law Journal Press | Digital Book

    Privacy Law

    Authors: Blaze D. Waleski

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  • Commonwealth v. Sebolka

    Publication Date: 2019-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0269

    Evidence that children under defendant's care had to forage for food because they were underfed by defendant, were denied proper sanitation by defendant, and were forced by defendant to inflict physical punishments upon one another were sufficient to sustain defendant's convictions for endangering the welfare of a child and related offenses. Convictions affirmed, judgment of sentence vacated and remanded.

  • Commonwealth v. Santana

    Publication Date: 2019-03-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0268

    Application of SORNA to sex offender convicted in 1983 did not constitute ex post facto violation where offender was already subject to lifetime registration in another state when he moved to Pennsylvania and thereby became subject to SORNA's lifetime registration requirement. Judgment of sentence affirmed.

  • Commonwealth v. Roane

    Publication Date: 2019-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0267

    Evidence was sufficiently weighty to support conviction for sex offenses where victim was able to testify in detail about multiple incidents of sexual assault and was able to testify that the assaults occurred over a several-week period, even though the victim could not recall the exact dates and times when the assaults occurred. Judgment of sentence affirmed.

  • Taha v. Bucks County

    Publication Date: 2019-03-04
    Practice Area: Class Actions | Criminal Law | Public Records
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0240

    Both parties moved for summary judgment on the issue of punitive damages after the court found defendants' liable for violating the criminal history record information act in publishing the "inmate lockup tool" database and the court found CHRIA authorized punitive damages for "willful" acts, defined willful as "reckless indifference" and found the question of willfulness was for the jury. Motions denied.

  • U.S. v. Rowland

    Publication Date: 2019-03-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0242

    Defendant was indicted and arrested for conspiracy to distribute more than 500 grams of drugs and moved for revocation of his detention order and the court found that the seriousness of the offense charged, the presence of guns with the drugs, his past criminal convictions, his lack of known employment and luxurious lifestyle and the danger to the community weighed in favor of his continued detention. Motion denied.