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  • Commonwealth v. Chambers

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

    Trial court lacked authority to modify bench trial verdict in a subsequent written sentencing order issued out of open court and out of the parties' presence, as doing so ran afoul of defendant's double jeopardy protections. Judgment of the superior court vacated, case remanded for resentencing.

  • Commonwealth v. Chisebwe

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4 MAP 2023

    Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.

  • Commonwealth v. Royal

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2429 EDA 2021

    Court overturned restitution order where trial court failed to specify the method of restitution at the sentencing hearing. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Sears

    Publication Date: 2024-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2849 EDA 2022

    Municipal court erred in suppressing breathalyzer results as fruit of an illegal arrest where the court failed to consider totality of circumstances which supported a finding of probable cause. Order of the municipal court vacated, case remanded.

  • United States v. Henriquez

    Publication Date: 2024-03-05
    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: 22-3285

    Defendant appealed her conviction for fraud and theft-related offenses and her 159-month sentence.

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    Authors: By Alex Geisler

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  • United States v. Long

    Publication Date: 2024-03-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
    for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
    Case Number: 22-3033

    District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.

  • Commonwealth v. Moore

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2510 EDA 2022

    Trial court should have denied suppression motion where totality of circumstances, including the fact that the subject vehicle was registered to someone whom defendant failed to explain his connection to, indicated that defendant lacked a privacy interest in the vehicle and thus defendant failed to bear his burden to prove that he had a reasonable expectation of privacy. Order of the trial court vacated, case remanded.

  • United States v. Long

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3033

    District court erred in excluding government's video and photo evidence in child pornography case in favor of a stipulated written description of the evidence and court found district court overestimated the extent to which the written descriptions reduced the exhibits' probative value under Rule 403, it was far from "obvious" that the potentially cumulative nature of the exhibits substantially outweighed the probative value of admitting any of the exhibits and district court erred in not viewing the exhibits before ruling. Vacated an

  • Johnson v. Wetzel

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 497 M.D. 2018

    Petitioner indisputably received sufficient post-deduction due process and Department of Corrections was entitled to judgment in its favor as a matter of law in petitioner's action asserting deprivation of due process in DOC's deduction of court ordered costs from his inmate account. Petition dismissed.

  • Toland v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 315 M.D. 2018

    Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.