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Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 791 MDA 2022
Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 871 C.D. 2023
Petitioner sought review of respondent Pennsylvania Parole Board's order affirming its earlier determination recommitting him as a convicted parole violator. The court affirmed, holding that petitioner forfeited his 569 days of parole street time credit when he was recommitted as a convicted parole violator for subsequent violent crimes.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 140 MDA 2024
Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 62 EDA 2024
Appellant appealed the trial court's judgment of sentence entered on his multiple convictions arising from a traffic stop. The court reversed the trial court's denial of appellant's motion to suppress, vacated judgment of sentence, and remanded, holding that no exigent circumstances of officer or public safety supported the warrantless search of appellant's vehicle, which was suspected of having a firearm inside, where appellant and his passenger had been removed from the vehicle and secured at the scene in handcuffs.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 765 WDA 2023
Appellant appealed the trial court's judgment of sentence on his convictions for possession with intent to deliver and other narcotics crimes. The court affirmed, holding that appellant failed to demonstrate sentencing error where the trial court imposed guideline sentencing after a hearing in which appellant's counsel emphasized mitigating evidence regarding appellant's background and rehabilitation.
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Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: CR-61-2024
The court denied defendant's petition for a writ of habeas corpus, granted his motion for disclosure of criminal charges, promises of leniency and/or immunity, and conditionally granted his motion to reserve the right to file additional motions for discovery based on information or discovery provided after the motions hearing.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 552 OF 2023
The court denied defendant's omnibus pretrial motion which included a request for discovery and inspection of evidence as well as a petition for a writ of habeas corpus in all respects and ruled that the case would remain on the March 2024 criminal jury trial term.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordero
Attorneys: For plaintiff:
for defendant:
Case Number: 63 of 2024
The court granted defendant's pre-trial motion for a writ of habeas corpus and dismissed all charges after a preliminary hearing.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 903 OF 2020
In this § 1925(a) opinion, the court justified the denial of defendant's post-trial motion following his convictions by a jury for murder in the first degree and criminal conspiracy to commit murder for which he was sentenced to life in prison and 20 to 40 years, respectively.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 648 OF 2023
Defendant filed an omnibus pretrial motion that included a motion to suppress evidence and pretrial writ of habeas corpus. The court denied the motion, holding that police had probable cause to obtain sequential drug trafficking search warrants for two apartments where a confidential informant made controlled drug buys from defendant's downstairs apartment and, subsequently, defendant and others fled to an upstairs unit as officers arrived to execute the first search warrant. The court held further that the Commonwealth presented evid
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