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  • Penjuke v. Bd. of Probation and Parole

    Publication Date: 2019-02-19
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0185

    Board erred when it revoked the 793 days of good standing street time that petitioner acquired in the parole period that led to his re-commitment as a TPV when it recommitted him as a CPV because under the 2012 amendments to the statute, the board lacked the authority to revoke street time it previously granted to a parolee as a TPV. Reversed.

  • United States v. Chapman

    Publication Date: 2019-02-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0189

    Defendant appealed the district court's decision to sentence him without allowing him to present mitigating information from his family that he would have presented if he had had notice of his sentencing date and the court found the district court abused its discretion and impermissibly contravened the principles underlying F.R. Crim. P. 32. Sentence vacated.

  • Commonwealth v. Shaw

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0153

    Discharge of a firearm or BB gun in close proximity to neighbors and bystanders was sufficient to support a conviction for recklessly endangering another person. Judgment of sentence affirmed.

  • Commonwealth v. Dunham

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0148

    The forcible stop of the motor vehicle in which defendant was a passenger constituted a seizure of the driver and all passengers; therefore, police were not required to issue verbal commands to lawfully seize defendant, who fled on foot before the vehicle came to a full stop. The appellate court reversed an order granting defendant's motion to suppress.

  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

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  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.

  • Commonwealth v. Natividad

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Discovery | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0125

    Brady violation was not prejudicial where commonwealth presented overwhelming evidence of defendant's guilt, including evidence linking a prior carjacking, the carjacking victim's identification, other eyewitnesses known to defendant identifying him as the perpetrator, and defendant's prior possession of the murder weapon. Order of the PCRA court affirmed.

  • Commonwealth v. Norton

    Publication Date: 2019-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0127

    Trial court properly exercised discretion to deny presentence motion to withdraw plea of nolo contendere when it concluded, based on the facts of the case, that defendant was making a bare assertion of innocence. Order of the superior court affirmed.

  • U.S. v. Goldstein

    Publication Date: 2019-02-04
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Roth
    Attorneys: For plaintiff: Aidan P. O'Connor (Pashman Stein Walder Hayden)
    for defendant: Mark E. Coyne, Norman Gross and Glenn J. Moramarco (Office of United States Attorney)
    Case Number: 15-4094

    CSLI Obtained Without Warrant Admissible Where Government Acted in Good Faith By Obtaining SCA Court Order

  • Commonwealth v. Leaner

    Publication Date: 2019-01-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0080

    Evidence of causation sufficient to support murder conviction where another medical examiner, after reviewing the victim's autopsy and medical records, reached an independent conclusion that the victim died from injuries inflicted by defendant and that the victim's subsequent care which kept him alive for several months did not attenuate defendant's criminal liability. Judgment of sentence affirmed.