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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.

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  • Abreu v. Superintendent Smithfield SCI

    Publication Date: 2020-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chagares
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0933

    Defendant's petition for a writ of habeas corpus from a state court conviction was moot where, after he filed a notice of appeal, federal authorities removed him to the Dominican Republic and a prior felony drug conviction permanently barred defendant from reentering the country. The appellate court remanded with instructions to dismiss defendant's petition as moot.

  • United States v. Savage

    Publication Date: 2020-08-24
    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: 20-0931

    District court properly imposed the death sentence on defendant who led a drug trafficking operation and had rivals and witnesses killed. Affirmed.

  • Commonwealth v. South

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0907

    Appellant not entitled to immunity under the Drug Overdose Response Immunity act where the bystander who called 911 after appellant passed out never reported a suspicion of overdose and did not remain with appellant until emergency services arrived. Judgment of sentence affirmed.

  • Anderson v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0906

    Appointed counsel was not entitled to withdraw his representation where he failed to address in his Turner letter all issues raised by defendant, even though defendant raised such issues at the administrative level but omitted them from his petition for review. The appellate court denied counsel's petition to withdraw.

  • Commonwealth v. Widger

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0909

    Evidence was sufficient to convict defendant of aggravated indecent assault of a child less than 13 years old where expert medical evidence demonstrated that defendant applied sufficient force to the victim to cause injury such that the victim's injury could not have been accidentally caused by defendant. Judgment of sentence affirmed.