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  • United States v. Washington

    Publication Date: 2023-09-18
    Practice Area: Criminal Appeals
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3299

    Appellant moved for acquittal in his conviction for violating 18 U.S.C. §111 for assaulting and resisting an "officer of the United States" and court found the officers involved worked for a private security company hired to provide security for a social security office, government did not prove the officers were "assistants" for purposes of §1114 and appellant was entitled to a judgment of acquittal. Motion granted.

  • Commonwealth v. Sheets

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 580 MDA 2022

    Appellant challenged his convictions for two counts of attempted murder and court found evidence supported two attempted murder convictions because commonwealth proved appellant took a substantial step towards an intentional killing and committed two separate, complete acts of attempted murder against victim at 11:30p.m. and again the next morning when he discovered victim was still alive. Affirmed.

  • Commonwealth v. Ganjeh

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 586 MDA 2022

    Defendant appealed his conviction and sentence for first-degree murder and court found appellant's statements to police were not made in violation of his Miranda rights because he was not subject to a custodial interrogation at the time he made voluntary and spontaneous statement to police at the crime scene and his statements at police station were made after he knowingly waived his Miranda rights, evidence of prior incidents of domestic abuse between appellant and victim and appellant's pending criminal charges were relevant and adm

  • United States v. Porat

    Publication Date: 2023-08-28
    Practice Area: Criminal Appeals
    Industry: Education | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chung
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1560

    Appellant former dean appealed his convictions for conspiracy to commit wire fraud and wire fraud for scheme to improve business school rankings in the U.S. News and World Report college ranking publication and court found there was sufficient evidence to convict him and government did not need to prove either that the scheme was intended to personally benefit appellant or "convergence." Affirmed.

  • Prater v. Pa. Dep't of Corrections

    Publication Date: 2023-08-28
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1732

    Magistrate judge properly summarily dismissed actions by two prison inmate appellants for failure to exhaust administrative remedies but erred in involuntarily dismissing other prison inmate appellant's case for failure to prosecute because defendants in that case had not consented to magistrate judge's jurisdiction and magistrate judge had no jurisdiction, nor did appellate court. Affirmed and dismissed.

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  • United States v. Kramer

    Publication Date: 2023-08-14
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Freeman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1358

    Facts supported conclusion that defendant's wife acted of her own volition in discovering incriminating photos on defendant's phone and supplying them to law enforcement, meaning she was not acting as an agent of the government and there was no Fourth Amendment violation from her warrantless search. Judgment of conviction affirmed.

  • Commonwealth v. Agnew

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1408 WDA 2022

    Post Conviction Relief Act court erred in granting nunc pro tunc direct appeal rights where counsel's alleged errors would not have completely foreclosed appellate review and defendant's Confrontation Clause claim lacked merit. Order of the PCRA court reversed, appeal dismissed.

  • United States v. Carey

    Publication Date: 2023-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1837

    Defendant appealed his conviction and sentence on drug possession and weapons charges and court vacated his conviction for possession with intent to distribute 500 grams or more of cocaine because only 310 grams were seized from his residence and government expert's opinion that defendant's girlfriend could have flushed 200 grams down the toilet was not sufficient. Affirmed in part, vacated in part and remanded for resentencing.

  • Commonwealth v. Terry

    Publication Date: 2023-06-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 444 of 2021

    Defendant appealed his convictions and sentences for possession with intent to deliver a controlled substance and use or possession of drug paraphernalia. Court requested that the Superior Court affirm its order and dismiss defendant's appeal.

  • United States v. Simmons

    Publication Date: 2023-06-26
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2485

    District court did not violate 18 U.S.C. §3583(h) by reimposing a life term of supervised release where appellant, who had been sentenced to lifetime supervised release, was sentenced for violating the terms of his supervised release because it was not possible to subtract a known term, his 21 months imprisonment, from an unknown, his lifetime. Affirmed.