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  • United States v. Davenport

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-480

    Defendant moved to dismiss his criminal indictment on speedy trial grounds. Motion granted.

  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.

  • Commonwealth v. Wright

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 124 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered after his jury conviction on charges of kidnap to facilitate a felony, robbery, and making terrorist threats. The court affirmed, holding that appellant's conviction was not against the weight of the evidence where his victim identified him by his eyes and other evidence linked him to the crimes charged. The court held further that the victim's voice identification of appellant was admissible at trial despite the fact that police played only a single voice sample for th

  • Commonwealth v. Baker

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 261 MDA 2023

    Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.

  • Robinson v. Sec'y, Pennsylvania Dep't of Corr.

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-9001

    District court properly denied habeas in defendant's challenge to trial judge's statement about changes to the law of parole at his sentencing hearing and court found appellant would not have been eligible for parole and trial judge instructed jury that he was not eligible for parole, which was sufficient. Motion denied.

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    Lackawanna/Luzerne County Court Rules 2023

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  • Commonwealth v. Branthafer

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1745 MDA 2022

    Established jurisprudence held that the Post Conviction Relief Act time-bar was jurisdictional, and applying a jurisdictional limitation was not unconstitutional where the PCRA had mechanisms to allow defendants to assert ineffective assistance of PCRA counsel claims. Order of the PCRA court affirmed.

  • United States v. Petway

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2033

    Defendant appealed his conviction and sentence, claiming various evidentiary errors by the district court.

  • Commonwealth v. Kline

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 942 MDA 2023

    Appellant appealed his sentence after a jury found him guilty of multiple counts relating to the sexual abuse of the victims, his minor children. Sentence affirmed.

  • Commonwealth v. McIntyre

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 354 EDA 2023

    The court affirmed appellant's judgment of sentence following his conviction for person prohibited from possessing a firearm in violation of 18 Pa. C.S A. §6105(a)(1) against a challenge that §6105 is unconstitutional in the wake of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

  • Fooks v. Superintendent, Smithfield SCI

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2097

    State and federal courts erred in denying evidentiary hearings in collateral relief proceedings where defendant alleged that trial counsel's misstatements regarding parole eligibility influenced defendant's decision to plead guilty, constituting a prima facie claim of ineffective assistance of counsel. Order of the district court reversed, case remanded.