• Hill v. Governor of Pennsylvania

    Publication Date: 2024-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 311 M.D. 2022

    Petitioner, sentenced to life imprisonment without parole, argued 61 Pa.C.S. §6137(a)(1) was unconstitutional and that he qualified as a "child" under the Pennsylvania Juvenile Act due to his age of 20 years old at the time of his arrest and low IQ. Court interpreted the petition as one "in the nature of [an] application forpost-conviction relief" and found that given the action was not ancillary to any proceedings within the appellate jurisdiction of the court and court lacked jurisdiction over the petition. Preliminary objections s

  • Commonwealth v. Rendanauer

    Publication Date: 2024-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1631 EDA 2021

    Court quashed commonwealth's appeal from trial court orders acquitting defendant of the charges as double jeopardy barred such an appeal. Appeal quashed.

  • Voneida v. Johnson

    Publication Date: 2023-12-25
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1264

    District court erred in denying appellant's §2241 petition because district court had no subject matter jurisdiction since, as a consequence of the holding in Jones v. Hendrix, 143 S.Ct. 1857, appellant had no recourse under §2241. District court's order vacated.

  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
    for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.

  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. Affirmed.

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  • Commonwealth v. Mach Transp.

    Publication Date: 2023-10-30
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1003 EDA 2022

    Remand was necessary for lower court to consider defendant's post-sentence claim that its counsel erroneously entered a guilty plea to driving an unregistered vehicle on defendant's behalf based on an incorrect registration document. Case remanded.

  • Commonwealth v. Walker

    Publication Date: 2023-10-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 376 WDA 2022

    Commonwealth could ask prospective jurors whether they believed that an alleged rape victim's testimony alone was sufficient to find a defendant guilty beyond a reasonable doubt where such questioning was relevant to identify jurors who held the untenable belief that proof beyond a reasonable doubt required forensic evidence or other corroborating evidence. Judgment of sentence affirmed.

  • Commonwealth v. Ochoa

    Publication Date: 2023-10-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1216 EDA 2022

    Trial court erred in denying suppression motion where officers retained driver's license after resolving DUI investigation, rendering defendant unable to leave the traffic stop and forcing him to be subjected to a second investigatory detention for drug possession unsupported by reasonable suspicion. Judgment of sentence vacated, case remanded.

  • United States v. Esham

    Publication Date: 2023-10-16
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-3203

    Evidence was sufficient to convict doctor for distribution and conspiracy where the jury was free to credit the government's expert's opinion that the doctor's prescriptions fell outside the bounds of legitimate medical purposes and recorded conversations could permit an inference that the doctor was aware of his role in the distribution scheme.

  • Commonwealth v. Contreras

    Publication Date: 2023-10-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CR-2970-2021

    Appellant appealed his jury trial conviction and sentence for attempted criminal homicide and related crimes. The court recommended that appellant's conviction and sentence be affirmed. The court reasoned that appellant's conviction was supported by sufficient evidence where he bragged in recorded conversations that he shot the victim and there existed circumstantial evidence of his guilt.