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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.

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  • Commonwealth v. Barkman

    Publication Date: 2023-06-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 359 WDA 2022

    Landlord's testimony concerning defendants' continued residence in home found in deplorable condition was sufficient to support a conviction for endangering the welfare of children. Judgment of sentence affirmed.

  • United States v. Coleman

    Publication Date: 2023-05-08
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1381

    Appellant appealed the denial of his motion for a sentence reduction and argued district court erred in concluding he was not convicted of a "covered offense" under §404(a) of the First Step Act and court found district court did not expressly identify the relevant 21 U.S.C. §841(b) provision that grounded appellant's sentence and that failure precluded court from reviewing the decision for clear error. Vacated and remanded.

  • Commonwealth v. Horan

    Publication Date: 2023-04-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2417 EDA 2022

    Trial court lacked jurisdiction to hear PCRA petition raising issues that were on appeal in defendant's prior petition to enforce plea agreement. Order of the trial court affirmed.

  • Commonwealth v. Perkins

    Publication Date: 2023-04-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2191 EDA 2021

    Trial court erred in finding defendant in direct criminal contempt where defendant threatened a witness outside of the courtroom and out of the presence of the trial judge. Conviction and judgment of sentence vacated.

  • Commonwealth v. Keister

    Publication Date: 2023-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 282 MDA 2022

    Evidence was sufficient to support conviction for endangering the welfare of a child where commonwealth presented evidence and testimony that defendant withheld food from child and made her sleep on the floor as punishment, which resulted in the child becoming visibly malnourished and displaying symptoms of PTSD and other mental health issues. Judgment of sentence affirmed.