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  • Commonwealth v. Resto

    Publication Date: 2018-03-06
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0220

    Alleyne v. U.S. did not mandate the unconstitutionality of a mandatory minimum sentence that did not require the finding of any aggravating fact. Order of the superior court reversed, judgment of sentence reinstated.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0218

    Defendant waived any claim that he was coerced into entering a guilty plea since such a claim could have been presented on direct appeal as a challenge to the voluntariness of his plea and failed to demonstrate that trial counsels advice to accept the plea was not within the range of constitutionally competent advice. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Olson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0185

    The appellate court refused to apply Birchfield v. North Dakota retroactively to invalidate defendants judgment of sentence in this case involving enhanced penalties for his refusal to consent to a blood draw, as it found that the resulting change in Pennsylvania law was procedural. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Patterson

    Publication Date: 2018-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0202

    In this case of first impression, the appellate court found that the trial court did not abuse its discretion when it ordered defendant to be shackled during the viewing of the crime scene for reasons of safety and security. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Johnson

    Publication Date: 2018-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0201

    Police had a reasonable basis to conduct a pedestrian stop of defendant, who was loitering in a high-crime area, where they had an obligation to investigate complaints of loitering and drug sales; therefore, counsel was not ineffective for failing to preserve this meritless issue for appellate review. The appellate court affirmed an order denying defendants Post Conviction Relief Act petition.

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  • Greene v. Superintendent Smithfield SCI

    Publication Date: 2018-02-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Vanaskie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0204

    Procedurally defaulted ineffective assistance of appellate counsel could not be raised in federal habeas proceeding, since such claim had to be heard in collateral proceeding where lack of constitutionally guarantee of counsel meant there was no basis to excuse procedural default. Order of the district court affirmed.

  • Commonwealth v. Tanner

    Publication Date: 2018-02-20
    Practice Area: Criminal Law | White Collar Crime
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0161

    Defendant was not entitled to post-conviction relief for ineffective assistance of counsel, because defendants guilty plea was made voluntarily, and defendant failed to meet his burden of proving other claims of ineffectiveness by his trial counsel.

  • Commonwealth v. Root

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0171

    Defendant was entitled to either have negotiated plea with specific sentence enforced by sentencing court or be permitted to withdraw guilty plea, and plea counsel was ineffective in failing to advise defendant of remedies to sentencing courts failure to abide by plea agreement. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. Presher

    Publication Date: 2018-02-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0170

    Trial court erred in applying statutory fingerprinting requirement upon individual following his acquittal on all charges, since the individuals acquittal meant he was no longer a defendant within the meaning of the fingerprinting statute. Order of the trial court reversed.

  • Commonwealth v. English

    Publication Date: 2018-02-20
    Practice Area: Criminal Law | Discovery
    Industry:
    Court: Courts of Common Pleas, Lebanon County
    Judge: Judge Charles
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0162

    In criminal cases, good faith required the commonwealth to turn over electronic files of voluminous discovery materials with a specific index and with exculpatory evidence obviously noted.