Filter This View

  • U.S. v. Easter

    Publication Date: 2020-09-28
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1059

    District court erred in limiting its consideration to the guidelines when it resentenced defendant under the first step act because court should have considered all §3553(a) factors, including post-sentence developments such as health issues or rehabilitation. Vacated and remanded.

  • Commonwealth v. Betts

    Publication Date: 2020-09-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1050

    Where defendant's timely allegations of ineffective assistance of counsel created a substantial and irreconcilable conflict in his relationship with his trial attorney, the superior court ordered the appointment of substitute Post Conviction Relief Act counsel to ensure that defendant's interests were adequately represented and his right to counsel fully realized. The superior court vacated the lower court's order and remanded.

  • Commonwealth v. Hill

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1020

    The trial court overstepped its authority in dismissing drug-related charges against defendant, who was already serving a life sentence, based on the court's conclusion that prosecuting and sentencing defendant in this matter served none of the goals of the state's criminal justice system. The appellate court reversed and remanded for further proceedings.

  • Commonwealth v. Robinson

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1026

    Defendant's motion for DNA testing of clothing worn by defendant at the time of the shooting properly denied where defendant's identity as the shooter was not at issue given the overwhelming evidence pointing to defendant and defendant's own confession, such that any DNA evidence would not tend to demonstrate defendant's innocence. Judgment of sentence affirmed.

  • Commonwealth v. Schneider

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1029

    Motion to suppress drugs and paraphernalia erroneously denied where police could not engage in a warrantless entry of a private residence under the public servant exception in the community caretaking doctrine as officers lacked facts to support a reasonable belief that defendant was in need of immediate mental health assistance or care. Judgment of sentence vacated, case remanded for new trial.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

    View this Book

    View more book results for the query "*"

  • 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.