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  • Commonwealth v. Brown

    Publication Date: 2020-10-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1100

    The trial court did not err in imposing a guideline range sentence of incarceration upon defendant, who pled guilty to driving under the influence in violation of 75 Pa.C.S. §3802(a)(2), as there was no support for his assertion that the mandatory minimum sentencing provision within 75 Pa.C.S. §3804(a)(1) represented the only sentence available in such cases. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Mickley

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1066

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-sentence motion for relief with the presentation of evidence regarding Pennsylvania's Sex Offender Registration and Notification Act and relevant legislative policy decisions impacting sexual offenders' constitutional rights. The superior court reversed and remanded.

  • Tyson v. Superintendent

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1083

    District court erred in denying habeas corpus relief because state court's conclusory reasoning did not amount to a reasonable application of Strickland v. Washington, 466 U.S. 686, there was likelihood that jury convicted appellant on the mistaken belief that the mens rea for first-degree murder did not apply to him, trial counsel's failure to object to the instruction constituted deficient representation and appellant established prejudice. Reversed.

  • Commonwealth v. Bonnet

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1068

    The trial court did not err in denying defendant's application for a Frye hearing where the defense made no showing that a fire investigation expert's testimony was based on novel scientific evidence and, thus, the trial court had no "articulable grounds" to believe that the expert failed to apply an accepted scientific methodology. The superior court affirmed.

  • Commonwealth v. Epps

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1067

    Defendant failed to show that the prosecutor's conduct affected the fairness of his criminal trial; therefore, the trial court properly denied his petition for post-conviction relief based on counsel's alleged ineffectiveness for failing to object to alleged prosecutorial misconduct. The superior court affirmed defendant's judgment of sentence.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • U.S. v. Easter

    Publication Date: 2020-09-28
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1059

    District court erred in limiting its consideration to the guidelines when it resentenced defendant under the first step act because court should have considered all §3553(a) factors, including post-sentence developments such as health issues or rehabilitation. Vacated and remanded.

  • Commonwealth v. Betts

    Publication Date: 2020-09-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1050

    Where defendant's timely allegations of ineffective assistance of counsel created a substantial and irreconcilable conflict in his relationship with his trial attorney, the superior court ordered the appointment of substitute Post Conviction Relief Act counsel to ensure that defendant's interests were adequately represented and his right to counsel fully realized. The superior court vacated the lower court's order and remanded.

  • Commonwealth v. Hill

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1020

    The trial court overstepped its authority in dismissing drug-related charges against defendant, who was already serving a life sentence, based on the court's conclusion that prosecuting and sentencing defendant in this matter served none of the goals of the state's criminal justice system. The appellate court reversed and remanded for further proceedings.

  • Commonwealth v. Robinson

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1026

    Defendant's motion for DNA testing of clothing worn by defendant at the time of the shooting properly denied where defendant's identity as the shooter was not at issue given the overwhelming evidence pointing to defendant and defendant's own confession, such that any DNA evidence would not tend to demonstrate defendant's innocence. Judgment of sentence affirmed.

  • Commonwealth v. Schneider

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1029

    Motion to suppress drugs and paraphernalia erroneously denied where police could not engage in a warrantless entry of a private residence under the public servant exception in the community caretaking doctrine as officers lacked facts to support a reasonable belief that defendant was in need of immediate mental health assistance or care. Judgment of sentence vacated, case remanded for new trial.