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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.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • United States v. Washington

    Publication Date: 2023-09-18
    Practice Area: Criminal Appeals
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3299

    Appellant moved for acquittal in his conviction for violating 18 U.S.C. §111 for assaulting and resisting an "officer of the United States" and court found the officers involved worked for a private security company hired to provide security for a social security office, government did not prove the officers were "assistants" for purposes of §1114 and appellant was entitled to a judgment of acquittal. Motion granted.

  • Commonwealth v. Sheets

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 580 MDA 2022

    Appellant challenged his convictions for two counts of attempted murder and court found evidence supported two attempted murder convictions because commonwealth proved appellant took a substantial step towards an intentional killing and committed two separate, complete acts of attempted murder against victim at 11:30p.m. and again the next morning when he discovered victim was still alive. Affirmed.

  • Commonwealth v. Ganjeh

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 586 MDA 2022

    Defendant appealed his conviction and sentence for first-degree murder and court found appellant's statements to police were not made in violation of his Miranda rights because he was not subject to a custodial interrogation at the time he made voluntary and spontaneous statement to police at the crime scene and his statements at police station were made after he knowingly waived his Miranda rights, evidence of prior incidents of domestic abuse between appellant and victim and appellant's pending criminal charges were relevant and adm

  • United States v. Porat

    Publication Date: 2023-08-28
    Practice Area: Criminal Appeals
    Industry: Education | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chung
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1560

    Appellant former dean appealed his convictions for conspiracy to commit wire fraud and wire fraud for scheme to improve business school rankings in the U.S. News and World Report college ranking publication and court found there was sufficient evidence to convict him and government did not need to prove either that the scheme was intended to personally benefit appellant or "convergence." Affirmed.

  • Prater v. Pa. Dep't of Corrections

    Publication Date: 2023-08-28
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1732

    Magistrate judge properly summarily dismissed actions by two prison inmate appellants for failure to exhaust administrative remedies but erred in involuntarily dismissing other prison inmate appellant's case for failure to prosecute because defendants in that case had not consented to magistrate judge's jurisdiction and magistrate judge had no jurisdiction, nor did appellate court. Affirmed and dismissed.