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Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 511 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss charges due to a violation of his speedy trial rights. The court vacated the order and remanded for trial, holding that appellee suffered no speedy trial violation when two periods of excludable delay were included in the timeline between Commonwealth's filing of charges and appellee's scheduled trial date.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 1244 WDA 2023
Defendant appealed from the trial court's judgment of sentence entered on his conviction of resisting arrest. The court affirmed, holding that evidence of defendant's vigorous physical resistance when being detained by police supported his conviction for resisting arrest where defendant's behavior plainly subjected the officers to a risk of serious bodily injury.
Publication Date: 2024-09-09
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2260
Matthew Puccio, a sales representative for Rep Network, appealed his conviction for conspiracy to commit healthcare fraud, arguing that the district court erred in instructing the jury on willful blindness and in applying a managerial role enhancement under Sentencing Guideline § 3B1.1.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 515 WDA 2023
Commonwealth appealed the trial court's order denying its request to impanel a death-qualified jury. The court reversed and remanded, holding that the trial court acted outside its legal authority in usurping Commonwealth's ability to seek the death penalty by prohibiting the parties from proffering voir dire questions necessary to death-qualify a jury, and by ruling that there would be no jury deliberations regarding sentencing in a defendant's criminal homicide trial.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 903 OF 2020
Defendant sought post-trial relief after his conviction on charges of murder and criminal conspiracy to commit murder. The court denied defendant's motion, holding in pertinent part that Commonwealth was properly allowed to amend its information to add the charge of criminal conspiracy on the eve of trial where defendant was afforded the opportunity to file a petition for writ of habeas corpus as a means of challenging the evidence in support of the newly-filed charge.
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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1498 C.D. 2022
Trial court erred in granting civil forfeiture of defendant's vehicle where Commonwealth presented no evidence that defendant regularly used the vehicle as part of his drug transactions to support finding that the vehicle was an instrumentality of defendant's criminal activity. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1734 EDA 2022
Appellant appealed the trial court's judgment of sentence on his jury conviction of rape and related crimes. The court affirmed, holding in pertinent part that the trial court did not violate appellant's rights by posing three brief questions to his crime victim at trial in order to clarify her responses to a question posed by Commonwealth.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1440 C.D. 2021
Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 733 OF 2022
Defendant filed an omnibus pretrial motion that included a motion for writ of habeas corpus and a motion to suppress. The court denied the motions, holding that the search warrant obtained by authorities for an apartment where defendant was known to reside was supported by sufficient probable cause, and the resulting evidence seized, along with other evidence of defendant's conduct, supported Commonwealth's weapons and drug charges.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1245 MDA 2023
Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.
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