• Commonwealth v. Umoh

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1464 WDA 2022

    Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • Boyd v. Pennsylvania's Sentencing Scheme for Sentencing 18 Year Olds to Mandatory Life without Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 543 M.D. 2022

    Court lacked jurisdiction to consider petition seeking to invalidate mandatory life without parole sentences for 18-year-olds as violative of the Eighth Amendment and the Pennsylvania Constitution, as such a petition was only cognizable under the Post Conviction Relief Act and thus was untimely. Attorney General's preliminary objection sustained, case dismissed.

  • Commonwealth v. Baker

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 300 WDA 2023

    Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.

  • Commonwealth v. Schifano

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 264 WDA 2023

    Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.

  • United States v. Turner

    Publication Date: 2024-02-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3091

    Defendant appealed his conviction for Hobbs Act robbery.

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  • Commonwealth v. Peralta

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 291 MDA 2023

    Commonwealth lacked sufficient evidence to convict appellant for illegally operating a vehicle without an ignition interlock device where it failed to present evidence that PennDOT notified licensee that his ignition interlock requirement continued after the statutory one-year term until he obtained an unrestricted license. Conviction reversed, judgment of sentence vacated.

  • Commonwealth v. Taylor

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 40 MAP 2022

    The court considered whether the juvenile court's violation of appellee's Fifth Amendment rights by considering his refusal to admit guilt in transferring his case to adult criminal court was subject to appellate review for harmless error. Appellee, then 17 years old, was alleged delinquent of the felony offenses of rape of a child, involuntary deviate sexual intercourse with a child, and sexual assault. The commonwealth petitioned to transfer appellee to adult criminal court. The juvenile court conducted a hearing, under which appell

  • Commonwealth v. Watson

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Sullivan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1049 WDA 2022

    Court dismissed appeal from denial of post-sentence motion asserting claims of ineffective assistance of counsel where defendant's claims met neither exception to the rule deferring such claims to Post Conviction Relief Act review. Appeal dismissed.

  • Commonwealth v. Lakes

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CR-595-2022

    Defendant moved to suppress his statements to police and for dismissal of an information due to excessive and prejudicial delay in his arrest. The court denied the motion to suppress where defendant's statements to police were made knowingly, intelligently and voluntarily after defendant chose to waive his Miranda rights. The court denied defendant's motion to dismiss without prejudice to his raising the issue at trial if he could demonstrate actual prejudice due to Commonwealth's eight-year delay in bringing charges.

  • Commonwealth v. Glawinski

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1422 WDA 2022

    Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.