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  • Hill v. Pennsylvania Parole Bd.

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Fizzano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 134 C.D. 2023

    Court vacated parole board's calculation of parole violation maximum date where it was unclear from record of sentencing hearing whether trial court accepted all the terms of defendant's plea bargain allocating credit for pre-sentence confinement between his new county sentence and original state sentence. Order of the parole board vacated and remanded.

  • Commonwealth v. Rivera

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 538 MDA 2023

    Possession of a firearm and a substance appearing to be marijuana in a vehicle supported reasonable suspicion for an investigative detention to determine the vehicle occupant's license status, particularly where the marijuana was not in its original packaging and medical marijuana card holders could not carry concealed firearms. Judgment of sentence affirmed.

  • In the Interest of N.M.

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2200 EDA 2022

    Juvenile appellant challenged a dispositional order after juvenile court accepted appellant's admissions but rejected the agreed-upon disposition and court found juvenile court violated Pa.R.J.C.P. 407(A)(3) by accepting part of the tender, the admission, and basing its adjudication of delinquency solely on appellant's admission, without allowing appellant to withdraw the admission and/or without accepting additional evidence from either party. Vacated and reversed.

  • Soto v. Pennsylvania Parole Bd.

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 98 C.D. 2023

    Petitioner appealed the denial of his request for administrative relief from parole board's decision recommitting him as a convicted parole violator and court found board's choice of 154 days of street time was fully consonant with its discretion. Affirmed.

  • Commonwealth v. Garcia

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 648 WDA 2023

    Appellant appealed his sentence following his conviction for possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. Affirmed.

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  • Commonwealth v. Morrobel

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1703 MDA 2022

    Challenge to discretionary aspects of sentence failed where exercise of discretion to impose consecutive sentences did not raise substantial question and sentencing court adequately justified its decision based on the gravity of the underlying offense. Judgment of sentence affirmed.

  • United States v. Chu

    Publication Date: 2024-03-20
    Practice Area: Criminal Law | Health Care Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chung
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1375

    Defendant appealed her conviction for conspiracy to commit healthcare fraud and healthcare fraud.

  • Fatiga v. Warden Fairton FCI

    Publication Date: 2024-03-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge per curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-2776

    Petitioner appealed the denial of his 28 U.S.

  • United States v. Zavala

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CR-00237-6

    Defendant moved to exclude evidence found inside his car's battery and court found the search of the battery violated defendant's Fourth Amendment rights but court declined to suppress the evidence because officers acted in good faith. Motion denied.

  • Commonwealth v. Smith

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6 EAP 2023

    Post Conviction Relief Act courts should stay rather than dismiss timely petitions filed during the pendency of a facially untimely direct appeal pending resolution of the timeliness of the direct appeal, as such resolution was necessary to determine whether the PCRA court had jurisdiction. Order of the superior court reversed, case remanded.