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  • Commonwealth v. Stanley

    Publication Date: 2021-07-26
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0849

    Where defendant's underlying conviction was vacated due to the statute being declared unconstitutional, any violations of probation arising from that conviction could not serve as the basis of a subsequent conviction and revocation of probation. Judgment of sentence vacated, conviction reversed.

  • Henry v. Wolf

    Publication Date: 2021-07-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0766

    Court sustained governor's preliminary objection asserting lack of jurisdiction in petitioner's action asserting 18 Pa.C.S. §1102(a) was unconstitutionally vague because petitioner's claim was cognizable under the Post Conviction Relief Act and court transferred the matter. Preliminary objection sustained.

  • Commonwealth v. Campbell

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0726

    Appellant appealed his conviction for terroristic threats and court found his statement was not mere transitory anger where appellant assaulted victim, threatened to "finish" him, left and returned with a weapon and assaulted victim again. Affirmed.

  • Commonwealth v. Williams

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0729

    Defendant challenged the admission of expert forensic video analysis testimony and the weight of the evidence in his murder conviction and court found expert explained various technical variables at issue in surveillance video showing the shootings which assisted the jury, expert did not render an opinion on identification and evidence was sufficient to show defendant was the shooter. Affirmed.

  • Commonwealth v. Aulisio

    Publication Date: 2021-06-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0700

    Two consecutive 30-year sentences did not violate Miller principles because each sentence had to be reviewed individually and therefore did not constitute a de facto life sentence. Judgment of sentence affirmed.

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  • Commonwealth v. Fretz

    Publication Date: 2021-06-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Green
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0538

    In this criminal appeal, the court concluded that the evidence was sufficient to convict defendant of the crimes charged, and his sentence did not involve an abuse of discretion.

  • Commonwealth v. Rivera

    Publication Date: 2021-06-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0640

    Commonwealth improperly amended criminal information by increasing the grading of charge, thereby adding previously unknown factual allegations that undermined defense strategy. Judgment of conviction affirmed in part and vacated in part, case remanded for resentencing.

  • United States v. Murphy

    Publication Date: 2021-06-07
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0645

    Upon resentencing defendant under §404(b) of the First Step Act, the district court was not required to reconsider the drug amounts attributable to him in the underlying offenses but it was required to consider whether defendant qualified as a career offender at the time of resentencing given an intervening change in the law. The appellate court vacated defendant's sentence and remanded for further consideration.

  • Commonwealth v. Goldman

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0595

    Defendant's behavior that alarmed members of the public to seek 911 assistance, followed by refusal to obey police officer orders was sufficient to support a conviction for disorderly conduct. Judgment of sentence affirmed.

  • Commonwealth v. Rojas-Rolon

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0599

    Evidence was sufficient to support delivery or possession with the intent to deliver a controlled substance conviction where totality of circumstances pointed to defendant as the individual who had transferred drugs to a confidential informant during a controlled buy. Judgment of sentence affirmed.