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  • U.S. v. Hester

    Publication Date: 2018-12-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Restrepo
    Attorneys: For plaintiff: Leticia Olivera and K. Anthony Thomas (Office of Federal Public Defender)
    for defendant: Mark E. Coyne and John F. Romano (Office of United States Attorney)
    Case Number: 16-3570

    Sentencing Enhancement Erroneously Applied Where Evidence Insufficient to Find Felon Defendant Possessed Handgun for Evidence Tampering

  • Commonwealth v. Ouch

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1486

    Trial court erred in dismissing first-degree robbery charge where evidence was sufficient for fact-finder to conclude defendant placed another individual in fear of immediate serious bodily injury when defendant reached for his waistband. Order of the trial court reversed, case remanded.

  • Commonwealth v. Thompson

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1484

    Petition seeking to reduce or discharge sentence was properly cognizable as under the PCRA, and thus the petition was properly dismissed as filed outside the one-year time bar with no assertion of any statutory exceptions to the time bar. Order of the trial court affirmed.

  • Commonwealth v. Predmore

    Publication Date: 2018-12-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1485

    Dismissal of attempted homicide charge affirmed where commonwealth failed to present prima facie evidence that defendant had formed specific intent to kill the victim. Order of the trial court affirmed.

  • U.S.A. v. Goodchild

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1475

    Government moved to maintain custody of seized property after motion judge dismissed the civil forfeiture case, pending resolution of a criminal forfeiture proceeding, and the court found the clear language of the statute required the return of the funds but that res judicata did not bar the criminal forfeiture proceeding as defendant had argued. Motion denied.

  • Law Journal Press | Digital Book

    Securities Regulation: Liabilities and Remedies

    Authors: Marc I. Steinberg

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  • Commonwealth v. Rominger

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1487

    Excessive sentence challenge, based on longer sentence imposed at resentencing, denied where defendant's new aggregate minimum sentence was shorter and the need to change defendant's sentence was required due to errors and lack of clarity in defendant's original sentence. Judgment of sentence affirmed.

  • U.S. v. Baroni

    Publication Date: 2018-12-10
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1489

    Government presented sufficient evidence of defendants' fraud by proving their scheme to close access lanes to a local municipal highway in political retaliation cost the Port Authority lost toll revenue and used public employee labor to effect the closure and seized public assets. Judgment affirmed in part and reversed in part.

  • Commonwealth v. Reed

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1409

    A criminal defendant was not eligible for execution because he suffered from a mental illness which prevented him from rationally understanding his sentence. The court issued a stay of execution and held in abeyance defendant's motion regarding ineffective assistance of trial counsel.

  • Commonwealth v. Williams

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1438

    PCRA petition raising claims of trial error was properly dismissed as waived or previously litigated, where appellant's claim that standby direct appeal counsel usurped or unduly interfered with appellant's self-representation on appeal was unsupported by record evidence showing appellant acquiesced to counsel's assistance. Order of the PCRA court affirmed.

  • Commonwealth v. Simms

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1440

    Trial court erred in failing to ascertain whether defendant's absence from trial de novo on summary appeal was due to good cause before dismissing the summary appeal for nonappearance. Order of the trial court reversed, case remanded.