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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.
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.
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.
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.
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.
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Publication Date: 2021-05-10
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0521
Superior court properly quashed defendant's appeal and found defendant was not entitled to an interlocutory appeal under rule 311(a)(6) where trial court sua sponte declared a mistrial because a court entered an order "awarding a new trial" for the purposes of Pa.R.A.P. 311(a)(6) only when it granted a party's motion for a new trial. Affirmed.
Publication Date: 2021-05-10
Practice Area: Criminal Appeals
Industry: Education | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0527
Appellant challenged his convictions for embezzlement from a program receiving federal funds and fraud and court found his speedy trial, evidentiary rulings, faulty jury instructions and sentencing miscalculation arguments failed. Affirmed.
Publication Date: 2021-04-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0449
Defendant did not preserve his challenge to the discretionary aspects of sentencing where his statement on appeal, which raised a prison condition issue that would be properly addressed to the Department of Corrections, failed to raise a substantial issue. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2021-04-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0419
The trial court erred in construing defendant's challenge to his registration, notification and counseling requirements under the new Sexual Offenders Registration and Notification Act as an untimely Post Conviction Relief Act petition as his challenges to the SORNA requirements were not cognizable under the PCRA. The superior court affirmed on the merits.
Publication Date: 2021-04-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0421
Defendant waived his arguments regarding the trial court's alleged abused of discretion in allowing the jury to review a written transcript of tape-recorded conversations between him and a confidential informant where he failed to raise such challenges in his rule 1925(b) statement in support of appeal. The appellate court affirmed.
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