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  • 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.

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    Enforcement of Judgments: A Practitioner’s Guide to Recovery

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  • Commonwealth v. Le

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0700

    Conviction for murder and death sentence affirmed where testimony sufficient to find defendant acted as conspirator and/or accomplice in the murder. Conviction and judgment of sentence affirmed.

  • Commonwealth v. Holston

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0699

    Dismissal of insurance fraud charges by writ of habeas corpus affirmed where commonwealth failed to present sufficient evidence defendant had knowledge of documents seized in execution of search warrant or aided or abetted in submission of false information to the insurer. Order of the trial court affirmed.

  • Commonwealth v. Jordan

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0701

    Trial court violated right to public trial after excluding defendant's family members without justification when they were not part of public disturbance that caused trial court to close courtroom to the public. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Hicks

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0690

    The lower court erred in holding that possession of a concealed firearm in public is sufficient to create a reasonable suspicion that the individual may be dangerous such that police can approach and briefly detain the individual in order to stop and frisk, i.e., investigate whether the person is properly licensed, the state high court said in a decision announcing the majority's opinion.

  • Commonwealth v. Towles

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0694

    The state's high court rejected defendant's argument that the death sentence could not be constitutionally imposed upon him because he was just 20 years old when he committed the capital crime at issue. The high court affirmed an order denying defendant's petition for post-trial relief.