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  • Commonwealth v. J.C.

    Publication Date: 2018-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1417

    Juvenile petitioned for habeas corpus asserting he was held in violation of 42 Pa.C.S. §6353 and the court found that prior to his four-year commitment anniversary, he had notice of an extension or modification hearing, he had an opportunity to be heard and the juvenile court made specific findings pursuant to §6353. Petition denied.

  • Workman v. Superintendent Albion SCI

    Publication Date: 2018-11-27
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1427

    Petitioner was entitled to habeas relief where state post-conviction counsel failed to assert an obvious claim of ineffective assistance of trial counsel, who presented no evidence or witnesses and failed to conform his closing argument to the evidence presented at trial. Order of the district court reversed, case remanded.

  • Commonwealth v. Miller

    Publication Date: 2018-11-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1388

    Motion to dismiss on double jeopardy grounds denied despite prior guilty plea to specific crimes listed in new criminal complaint where new complaint sought to prosecute defendant for a broader, statewide conspiracy and commonwealth expressly intended not to punish defendant for those specific criminal episodes. Order of the trial court affirmed.

  • In re Appeal of DA Denial of Private Criminal Complaints

    Publication Date: 2018-11-20
    Practice Area: Criminal Law | Evidence | Landlord Tenant Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1345

    The court denied an appeal regarding a private criminal complaint where the petitioner did not establish that the district attorney's conduct in refusing to pursue the matter involved bad faith, fraud or unconstitutionality.

  • Commonwealth v. Shreffler

    Publication Date: 2018-11-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nicholas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1392

    Commonwealth erred in shifting burden to defendant to move to unseal wiretap documents where commonwealth bore burden of establishing probable cause for wiretap order in response to defendant's motion to exclude wiretap recordings. Judgment of sentence vacated, case remanded.

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  • Commonwealth v. Hoffman

    Publication Date: 2018-11-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaguhlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1364

    Judgment of acquittal properly granted where allegation defendant's sleep medication-induced stupor led to death of child in her care lacked evidence of malice for third-degree murder and aggravated assault charges. Order of the trial court affirmed, case remanded for resentencing.

  • Commonwealth v. Velazquez

    Publication Date: 2018-11-13
    Practice Area: Criminal Law | Immigration Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1340

    Where the record clearly demonstrated that the course of action chosen by defense counsel had no reasonable basis to effectuate defendant's interest, including avoiding deportation, defendant's plea entered upon counsel's advice was not knowing and voluntary. The court granted defendant's petition for post-conviction relief.

  • Commonwealth v. Nobles

    Publication Date: 2018-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1367

    Trial court erred in denying request for credit for time served in juvenile detention facility where request for statutory credit implicated legality of sentence and facility may have imposed sufficient restriction on liberty to qualify as "custody". Case remanded.

  • Commonwealth v. Williams

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1361

    Defendant was bound by plea agreement in which he stipulated that withdrawal of his guilty plea would substantially prejudice the commonwealth and the trial court correctly denied his pre-sentence motion for withdrawal. Judgment of sentence vacated in part and affirmed in all other respects.

  • Commonwealth v. Vidal

    Publication Date: 2018-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1366

    Defendant was not entitled to credit for time served at a juvenile detention facility where he assaulted staff, as defendant's presence at the facility was due to a probation violation on a prior juvenile adjudication and thus was not "a result of the criminal charge" or "a result of the conduct on which such charge is based". Judgment of sentence affirmed.