Filter This View

  • Bracey v. Superintendent Rockview SCI

    Publication Date: 2021-02-01
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0107

    District court erred in denying appellant's rule 60(b) motion for reconsideration of his habeas petition asserting a Brady violation because Dennis v. Sec'y, 834 F.3d 263, caused a material change in the relevant law and district court failed to conduct any analysis. Vacated and remanded.

  • Commonwealth v. Little

    Publication Date: 2021-02-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0099

    Trial counsel was ineffective in failing to preserve for appeal the trial court's denial of a line of questioning designed to show that a defense witness was in fact testifying against his own interests in admitting to being the sole shooter of the victim. Order of the PCRA court reversed in part and affirmed in part, case remanded.

  • Commonwealth v. Alexander

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0030

    In a decision reversing Commonwealth v. Gary, a majority of the state's high court held that Article I, §8 of the Pennsylvania Constitution affords greater protection to state citizens than the Fourth Amendment of the U.S. Constitution and reaffirmed that the state constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of a vehicle. The high court reversed and remanded.

  • Commonwealth v. Moose

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0033

    The trial court properly found that defendant could challenge the application of Pennsylvania's sexual offender registration statute, or SORNA II, outside the framework of the Post-Conviction Relief Act, though defendant was entitled to a hearing on whether his negotiated guilty plea precluded application of the scheme and its possible alteration of his agreed-upon sentence. The superior court vacated and remanded.

  • Commonwealth v. Lambert

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0000

    The trial court did not err in granting defendant's petition for writ of habeas corpus and dismissing all charges where the commonwealth failed to put forth any evidence at the habeas corpus proceeding despite the fact that there was no record of the preliminary hearing resulting in the charges being held over for court. The superior court affirmed.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Sami

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0009

    Prior bad acts evidence of drug use properly excluded from evidence where commonwealth failed to present evidence defendant had ingested drugs prior to or was under the influence of drugs at the time of the offense. Order of the trial court affirmed.

  • Commonwealth v. Given

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0004

    Addressing an issue of first impression, the superior court ruled that where the defendant committed a single act of driving while his blood contained a parent compound and a metabolite of the same controlled substance, i.e., marijuana, he could not be subject to separate sentences for multiple convictions under 75 Pa.C.S. §3802(d)(1). The superior court vacated defendant's judgment of sentence in part.

  • Commonwealth v. Lehman

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0007

    The superior court properly held that costs of resentencing defendants could not be recovered from them by the district attorney where their resentencing became necessary when their original sentences were vacated upon a subsequent judicial determination that the sentences were unconstitutional. The state's high court affirmed.

  • Commonwealth v. Asher

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1437

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-trial motion challenging the application of the Sexual Offenders Registration and Notification Act registration requirements and the irrebuttable presumption of future dangerousness. The appellate court affirmed defendant's judgment of sentence, but remanded for a hearing on sentencing issues.

  • Commonwealth v. Carlson

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1435

    Defendant's constitutional right to counsel was violated multiple times during critical stages of his criminal trial where the trial court failed to determine on the record whether he was entitled to appointed counsel after a public defender successfully moved to withdraw. The appellate court vacated and remanded.