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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.

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    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Commonwealth v. Rogers

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0594

    Sexual assault victims' prostitution convictions were inadmissible under the Rape Shield Law to support defendant's contention that his encounters with the victims were consensual sex-for-money transactions where those underlying convictions involved individuals other than defendant. Order of the superior court affirmed in part and reversed in part.

  • United States v. Kirschner

    Publication Date: 2021-05-24
    Practice Area: Criminal Appeals
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0578

    District court erred in sentencing appellant based on a 22-level enhancement for loss in a counterfeit coins case and district court should have conducted a "deeper analysis" to make sure appellant purposely sought to inflict each component of the losses government claimed he intended to inflict. Vacated and remanded.

  • Commonwealth v. McFalls

    Publication Date: 2021-05-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0571

    Trial court properly exercised discretion to deny criminal defendant's discovery requests and subpoenas where the requests were overly broad and clearly designed as a fishing expedition to find any materials that could be used to impeach the credibility of police officer witnesses. Judgment of sentence affirmed.

  • Commonwealth v. Mattis

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0557

    Trial court erred in denying suppression motion where defendant could not validly consent to search of vehicle after police, having resolved the initial speeding violation, asked defendant to exit his vehicle and requested consent for a search while in possession of defendant's documents, thereby subjecting him to an unlawful investigatory detention. Judgment of sentence vacated, case remanded.

  • United States v. Brown

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0552

    Appellant appealed the dismissal of his motions to dismiss federal charges, filed after his state court conviction was vacated, for prosecution's failure to disclose material evidence and to compel discovery to support his claims that state prosecution was merely a tool of the federal authorities and court found district court did not err in relying on the dual sovereignty issue and that the trial-error rule applied. Affirmed.