Filter This View

  • Commonwealth v. Mrozik

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0774

    Trial court erroneously imposed aggravated sentence of 12 to 24 months without providing reasons on the record, where standard range sentence that could be imposed upon defendant was a lower limit minimum of six months and an upper limit minimum of less than 12 months. Judgment of sentence affirmed in part and vacated in part, case remanded.

  • Commonwealth v. Mikitiuk

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry: Chemicals and Materials
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0770

    There was enough evidence to support defendant's conviction on the charge of risking a catastrophe in violation of 18 Pa.C.S. §3302(b) where the record revealed that defendant was an active participant in the transporting of dangerous methamphetamine-making chemicals in an urban area. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Fudge

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0769

    The trial court abused its discretion and usurped the normal process of defendant's criminal trial when it sua sponte recorded a guilty verdict on the charge of driving under the influence after the jury indicated that it could not reach a unanimous decision on that charge. The appellate court vacated in part defendant's judgment of sentence.

  • Commonwealth v. Ellison

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0768

    The trial court did not err in denying defendant's motion to compel disclosure of the identity of a confidential informant involved in three drug transactions with defendant where he failed to demonstrate that the CI's identity was material to his defense. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Smith

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0772

    Challenge to preclusion of character witness who would testify as to defendant's trait of "appropriateness with children" waived where appellant's counsel failed to lodge a contemporaneous objection to the witness' preclusion. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Miller

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0754

    Murder conviction affirmed where alleged Brady violation concerned mental health evidence relating to a commonwealth witness that would have been inadmissible impeachment evidence because it did not relate to witness's ability to perceive or recall relevant events. Order of the PCRA court affirmed.

  • Commonwealth v. Brown

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0753

    The trial court did not err in denying defendant's motion to dismiss the assault charges at bar, which relied on the compulsory joinder rule, as the assault charges and previously adjudicated traffic offenses were based on a different set of facts constituting two separate and discrete criminal episodes. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Scott

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0750

    While there was justification for inquiry into any anti-Muslim prejudices of potential jurors, race or religious belief was not otherwise a focus of the evidence and the trial court's group question to potential jurors adequately addressed defendant's concerns about anti-Muslim bias. The appellate court affirmed defendant's judgment of sentence.

  • United States v. Davenport

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0765

    Defendant's motion for relief pursuant to 28 U.S.C. §2255 based on ineffective assistance of counsel failed because counsel argued vigorously for defendant on all issues presented and achieved a downward variance from the guideline range in defendant's sentence. Motion denied.

  • Commonwealth v. Gray

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0691

    The trial court erred in finding that exigent circumstances justified the warrantless entry into defendants' residence where the commonwealth failed to establish, by clear and convincing evidence, that there was a compelling need to enter the residence. The appellate court reversed defendants' judgments of sentence.