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  • United States v. Williams

    Publication Date: 2020-09-21
    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: 20-1032

    Defendants appealed their convictions and sentences for RICO conspiracy, drug-trafficking conspiracy, drug trafficking and firearms charges and court affirmed the convictions but vacated some of the sentences in whole or in part. Affirmed in part and vacated in part

  • Commonwealth v. Way

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1028

    Trial court did not err in denying suppression where arresting officer specifically testified as to his past extensive narcotics investigation experience and how those experiences were similar to the behavior he witnessed appellant engage in, such that officers had reasonable suspicion of drug activity to initiate an investigatory detention. Judgment of sentence affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1022

    The trial court erred in denying a motion to suppress evidence obtained during a traffic stop since defendant's operation of a motor vehicle with an expired registration did not constitute a breach of the peace and there was no record evidence of a breach of the peace prior to the arresting deputy's initiation of that stop. The superior court reversed and remanded.

  • Commonwealth v. Carmenates

    Publication Date: 2020-09-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0993

    The trial court erred in granting defendant's motion to suppress evidence based on a finding that his consent to a vehicle search was not knowing and voluntary where the record lacked any evidence that the arresting officer acted in a way that would reasonably have coerced or pressured the Spanish-speaking defendant into giving consent. The superior court reversed and remanded.

  • Commonwealth v. Manzano

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0966

    SVP designation and registration provisions applicable to SVPs were not unconstitutional given the heightened public safety concerns regarding SVPs whose mental or personality abnormalities made them more likely to commit predatory sexual offenses. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

    View this Book

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  • Commonwealth v. Little

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0967

    Trial counsel was ineffective in failing to object when trial court permitted commonwealth to argue that defense witness serving life sentence who admitted to the charged crime had "nothing to lose" when the admission could result in a death sentence. Order of the trial court reversed.

  • Commonwealth v. Risoldi

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0970

    Insurance fraud conviction and restitution sentence vacated where commonwealth failed to present sufficient evidence to prove that insurance proceeds included amounts for reimbursement of expenses not actually incurred by defendant. Judgment of sentence affirmed in part and vacated in part, case remanded for resentencing.

  • Commonwealth v. Rivera

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0969

    Trial court erred in convicting defendant on three separate conspiracy counts where defendant's commission of the burglary, robbery, and murder all stemmed from a single conspiracy. Judgment of sentence vacated in part and affirmed in part.

  • Commonwealth v. Bagnall

    Publication Date: 2020-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0960

    The superior court erred in rejecting defendant's Brady violation claim where the prosecution violated defendant's due process rights by failing to disclose a cooperation agreement with a key witness and the Pennsylvania Office of Attorney General, which prosecuted the case, was imputed with knowledge of the agreement. The high court reversed and remanded for a new trial.

  • Commonwealth v. Reid

    Publication Date: 2020-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0934

    Judicial determinations such Williams v. Pennsylvania, wherein the U.S. Supreme Court addressed a Pennsylvania justice's failure to recuse himself in a case in which he had significant involvement as district attorney, did not satisfy the newly discovered fact exception to the Post Conviction Relief Act time bar; thus, the PCRA court lacked jurisdiction to reinstate defendant's nunc pro tunc right to appeal here. The high court quashed defendant's appeal.