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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.

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  • Commonwealth v. Bradley

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0905

    When a defendant is being sentenced for a non-violent crime, a single prior conviction for a non-enumerated crime of violence does not alone constitute a history of past violent behavior so as to trigger ineligibility for the Recidivism Risk Reduction Incentive Act program; therefore, the trial court erred in finding defendant ineligible for the program. The superior court vacated defendant's judgment of sentence.

  • Commonwealth v. Wolfel

    Publication Date: 2020-08-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0878

    The commonwealth waived its challenge to defendant's failure to raise a claim under Article I, Section 8 of the Pennsylvania Constitution by failing to challenge the suppression court's explicit invocation of that provision before the intermediate court. The high court reversed and remanded.

  • Commonwealth v. LeClair

    Publication Date: 2020-08-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0849

    The trial court erred in ordering defendant, who murdered his wife, disposed of her body in a lake and told the U.S. Coast Guard that she had fallen overboard, to pay restitution to the Coast Guard because the Coast Guard did not qualify as a "victim" under 18 Pa.C.S. §1106(a). The superior court vacated the restitution portion of defendant's judgment of sentence.

  • Commonwealth v. Johnson

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0813

    In addressing defendant's ineffective assistance of counsel claim asserted in a Post Conviction Relief Act petition, the lower court disregarded the prejudicial impact prong of Strickland/Pierce by comparing the prosecutorial evidence from the wrong trial to the evidence defendant produced at her PCRA hearing. The superior court vacated and remanded.

  • Commonwealth v. Hamlett

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0809

    The high court refused to bar Pennsylvania appellate courts from exercising their discretion to apply the harmless-error doctrine when deemed warranted in criminal cases where advocacy from the commonwealth on the issue is lacking. The high court affirmed defendant's judgment of sentence.