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  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2153

    District court properly denied defendant's §2255 motion arguing 18 U.S.C. §2113(d) was not a "crime of violence" under 18 U.S.C. §924(c) because federal statutory text, record, and precedent showed that §2113(d) was divisible and armed bank robbery was a crime of violence under §924(c)'s elements clause. Affirmed.

  • Rowan v. Warden James T. Vaughn Corr. Ctr.

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: David R. Fine, K&L Gates, Harrisburg, PA for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: 22-1298

    Failure to be expressly advised of continued no-contact order at second arraignment did not violate due process where the terms of the order explicitly stated that it remained in effect until changed/withdrawn or until the case ended.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Commonwealth v. Outlaw

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    An outburst in open court directing a profanity toward the trial judge supported a conviction for direct criminal contempt where the outburst halted the trial court proceedings and constituted an open defiance of the court's authority. Judgment of sentence affirmed.

  • Commonwealth v. Pisarchuk

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 647 EDA 2023

    Court found no abuse of sentencing discretion in imposing above-Guidelines sentence with consecutive terms where trial court based its decision on defendant's rehabilitative needs, the gravity of his offenses, the effects suffered by victims, and the need for protection of the public. Judgment of sentence affirmed.

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    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • United States v. Smith

    Publication Date: 2023-12-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-4301

    Defendant appealed his conviction on robbery, drug, and firearms charges.

  • Holden v. Atty. Gen. New Jersey

    Publication Date: 2023-12-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1862

    Petitioner appealed the denial of his petition for writ of habeas corpus and the denial of his motion for reconsideration.

  • Robinson v. Parole Bd.

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 253 M.D. 2022

    Board moved to dismiss petitioner's mandamus action over board's refusal to re-establish his parole and court found board's decision to rescind petitioner's reparole based on his conduct following recommitment was an appropriate exercise of its discretion. Affirmed.

  • Commonwealth v. Moore

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 43 MDA 2023

    Sexual Offenders Assessment Board evaluator could rely on facts outside of defendant's plea colloquy to form opinion on a sexually violent predator designation, and the trial court could find that a diagnostic opinion citing a condition not listed in the Diagnostic and Statistical Manual Version V indicated that defendant suffered from a mental defect. Judgment of sentence affirmed.

  • United States v. Hunter

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
    for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.
    Case Number: 21-3316

    Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.