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  • Ferguson v. Warden Fairton FCI

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-2819

    Petitioner appealed the dismissal of his habeas petition for lack of jurisdiction.

  • Commonwealth v. Spone

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 EDA 2022

    Evidence was sufficient for jury to infer defendant intended to annoy or alarm other families at her daughter's gym by sending anonymous messages containing students' photos and feigning concern about their behavior as she had no credible reason for not communicating with families directly. Judgment of sentence affirmed.

  • United States v. Junius

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2208

    District court properly found that murder in furtherance of a continuing criminal enterprise was not a "covered offense" under the First Step Act, the sentencing package doctrine was inapplicable and defendants were ineligible for sentence reductions. Affirmed.

  • United States v. Junius

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Joanne M. Heisey, Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, West Philadelphia, PA; Brett G. Sweitzer, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for appellants.
    for defendant: Bernadette A. McKeon, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 22-2208

    Defendants were ineligible for sentencing reductions under the First Step Act where the Fair Sentencing Act only reduced mandatory minimum sentencing thresholds for certain drug possession offenses, but did not affect sentencing for drug-related murder convictions even though such convictions required a predicate drug offense.

  • Commonwealth v. Weeden

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry: Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19 WAP 2022

    Summary document created by ShotSpotter testimony was nontestimonial in nature because its primary purpose was to assist law enforcement with responding to a potential ongoing emergency rather than to document past events for criminal prosecution, and thus the summary's admission did not violate defendant's Confrontation Clause rights. Order of the superior court 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

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  • Commonwealth v. Dell

    Publication Date: 2023-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2091 EDA 2022

    Appellant appealed trial court's order granting the Pennsylvania Board of Probation and Parole's request to add three conditions to his terms of probation, originally imposed in 2008. The court vacated the trial court's order and remanded for further proceedings.

  • In re: McGillvary

    Publication Date: 2023-11-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2820

    Petitioner sought a writ of mandamus, alleging that the district court had obstructed his habeas petition and seeking an order compelling the district court to review his summary judgment motion.

  • Commonwealth v. Spone

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 EDA 2022

    Court affirmed harassment convictions where there was sufficient evidence for a jury to infer that defendant lacked a legitimate basis to contact families about their children's behavior and instead merely intended to harass, annoy, or alarm the families. Judgment of sentence affirmed.

  • Commonwealth v. Weitzel

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 555 MDA 2023

    Court rejected challenges to weight and sufficiency of evidence supporting domestic violence conviction where evidence showed that defendant placed his hands around the victim's throat with enough force to leave temporary marks and impede her breathing.

  • Commonwealth v. Patterson

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 376 MDA 2023

    Police could lawfully effect detention by stopping behind vehicle that was partially blocking lane of highway under community caretaking doctrine, as the police cruiser could reduce the risk of a collision and the officers had a reasonable basis to conduct a welfare check to see if the vehicle was disabled or the driver was in distress. Judgment of sentence affirmed.