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  • Commonwealth v. Peck

    Publication Date: 2019-01-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0081

    Evidence was sufficient to convict on drug delivery resulting in death charge even though delivery occurred outside of Pennsylvania where victim returned to Pennsylvania to consume drugs, which resulted in the victim's death. Judgment of sentence affirmed.

  • Commonwealth v. Lehman

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0061

    Criminal defendant could not be ordered to pay costs of resentencing after his original sentence was deemed unconstitutional because to do so would punish the defendant for the exercise of his constitutional rights. Judgment of sentence affirmed in part and vacated in part.

  • U.S.A. v. Bey

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0032

    District court erred in denying appellant's motion to suppress the gun found on him because, while the officers had reasonable suspicion to seize him, the seizure should have terminated as soon as appellant turned around and officers could see the clear differences between appellant's age and appearance and that of the suspect they were seeking. Reversed.

  • Commonwealth v. Shreffler

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0023

    Commonwealth bore burden to unseal supporting documents for wiretap intercept demonstrating consent to be recorded and an affidavit of probable cause, and to disclose such documents to defendant before trial; the failure to comply with this statutory requirement warranted reversal of denial of suppression motion. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Rivera

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0020

    Appellant did not receive ineffective assistance of penalty phase counsel where additional evidence in support of mental health and life history mitigator was cumulative of evidence provided to experts during penalty phase or was favorable to the commonwealth. Order of the PCRA court affirmed.

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  • U.S. v. Shulick

    Publication Date: 2019-01-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0025

    Government could move to supplement record following notice of appeal where court had previously ordered defense to produce binder of materials relied upon and referred to defense's economic expert called during sentencing hearing because the amount of fraud loss was a critical issue at sentencing. Motion to supplement record granted.

  • Commonwealth v. Soto

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0024

    Convictions for assault, disarming a police officer, and resisting arrest affirmed where police had reasonable suspicion to detain defendant for hit-and-run due to his flight from the accident scene and where evidence showed defendant attempted to take the arresting officer's taser and threw multiple punches. Judgment of sentence affirmed.

  • Marshall v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-01-08
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1597

    Parole board erred in denying credit for time spent at liberty on parole where single phrase given as justification for exercise of discretion failed to elucidate the basis for the board's exercise of discretion. Order of the Board of Probation and Parole affirmed in part and reversed in part.

  • Commonwealth v. McCullough

    Publication Date: 2019-01-01
    Practice Area: Criminal Law | Judges
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1586

    Recusal motion judged erred in declaring trial judge incompetent to testify despite allegations underlying motion concerning ex parte communications from trial judge and in allowing defendant's former counsel to seek a complete waiver of attorney-client privilege. Order reversed, case remanded.

  • Commonwealth v. Laird

    Publication Date: 2019-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1585

    Claims of ineffectiveness of PCRA counsel could not be advanced in an untimely PCRA petition, which still had to meet one of the statutory exceptions to the PCRA time-bar. Order of the PCRA court affirmed.