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  • Commonwealth v. Greer

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 87 MAP 2023

    Superior court erred in requiring Post Conviction Relief Act counsel to submit a merits brief after learning of defendant's intention to assert ineffective assistance claims against PCRA counsel, and should have instead remanded the case to the PCRA court. Order of the superior court reversed and remanded.

  • Commonwealth v. Cross

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 926 WDA 2023

    Court quashed appeal from judgment of sentence on four severed counts, where appellant had other counts pending and severance did not create a separate proceeding in criminal cases. Appeal quashed.

  • Commonwealth v. Coles

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2023

    Police did not require reasonable suspicion or probable cause to search backpack voluntarily discarded by defendant after she fled into a residence that she did not have permission to enter. Order of the trial court reversed, case remanded.

  • United States v. Figaro

    Publication Date: 2024-06-27
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2067

    Appellant appealed his conviction and sentence on drug, firearm possession and witness tampering charges.

  • Commonwealth v. Corbin

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1393 WDA 2023

    Court properly denied appellant's request for a refund of unremitted restitution owed to appellant's mother, as doing so would run contrary to the rehabilitative purposes of restitution and run afoul of equitable principles and public policy. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Adams

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2229 EDA 2022

    Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.

  • Garris v. Warden Fairton FCI

    Publication Date: 2024-06-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2449

    Appellant appealed the denial of his habeas petition that challenged the Bureau of Prisons' calculation of his federal sentence.

  • Commonwealth v. Carver

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1868 EDA 2023

    Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence obtained during a police search of his vehicle. The court reversed and remanded, holding that a state police trooper had reasonable suspicion that appellee was armed and dangerous, thus warranting a Terry frisk that recovered a firearm, where appellee was nervous and appeared to be concealing an object after being pulled over for a traffic stop.

  • Commonwealth v. Dewald

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 199 MDA 2023

    Appellant appealed the trial court's judgment of sentence on his jury convictions of kidnapping and related crimes. The court affirmed, holding that appellant's convictions of unlawful restraint and recklessly endangering another person were adequately supported in evidence.

  • Commonwealth v. Lyn

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1808 EDA 2023

    Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence that police recovered from a vehicle. The court reversed, holding that appellee had no reasonably cognizable expectation of privacy in the vehicle where he crashed and abandoned the car, which belonged to another person, after attempting to evade a police traffic stop.