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  • Commonwealth v. Greer

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 386 MDA 2022

    Court erred in ordering Post Conviction Relief Act counsel to file a merits brief where defendant suggested he wished to pursue ineffectiveness claims against counsel. Order of the trial court vacated, case remanded.

  • Commonwealth v. Holley

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 766 WDA 2023

    Retrieving and holding a firearm in a position ready to fire in a group of juveniles in an area known for fights and shooting was sufficient to give police reasonable suspicion that the holder of the firearm was engaged in or planned to commit criminal activity. Order of the trial court vacated, case remanded.

  • Commonwealth v. Stevens

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1495 MDA 2023

    Appellant appealed the trial court's judgment of sentence on his jury conviction of two counts each of possessing an offensive weapon and possessing a weapon or implement of escape. Appellant argued that the offense of prohibited offensive weapons was a lesser included offense of the crime of weapons or implements of escape. The court affirmed, holding as a matter of first impression that the offenses did not merge for purposes of sentencing.

  • Commonwealth v. Cruz

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2084 EDA 2020

    Appellant appealed the dismissal of his Post Conviction Relief Act petition. The court affirmed, overruling prior authority and holding that appellant's allegation of illegal sentencing in violation of Apprendi was subject to harmless error review. The court concluded that in appellant's case, he suffered no illegal sentence where, despite a Sixth Amendment violation, the Apprendi sentencing error was harmless.

  • Commonwealth v. Peters

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2591 EDA 2021

    Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.

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  • United States v. Goerig

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1582

    District court correctly denied suppression motion where police developed reasonable suspicion that defendant had or intended to engage in sexual activity with a minor based on the totality of the circumstances of the encounter up to the point officers asked defendant to exit his vehicle. Judgment of sentence affirmed.

  • United States v. Hopkins

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1836

    District court erred in finding a "ruse exception" to the Speedy Trial Act in case where defendant was arrested on state charges, then indicted on federal charges and the state charges were withdrawn because the STA contained no implied ruse exception. Reversed.

  • United States v. Nisbett

    Publication Date: 2024-08-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-3120

    Matthew Nisbett appealed the judgment of sentence.

  • Commonwealth v. Lapaglia

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1332 WDA 2023

    Appellant appealed from judgments of sentence entered on a jury conviction for burglary and related crimes. The court affirmed, holding that appellant was timely tried for purposes of Pa.R.Crim.P. 600 where he was brought to trial more than two months before his adjusted Rule 600 run date in light of excludable delays that included COVID-19 pandemic court closures.

  • Commonwealth v. Coleman

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2024

    Appellant appealed from the trial court's judgment of sentence entered after resentencing on his guilty pleas to certain crimes. The court affirmed, holding that appellant received "the benefit of his bargain" under his negotiated plea agreement where his new sentence was consistent with what he had agreed to, as corrected to avoid an illegality present in his initial sentencing.