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Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Bissoon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0292
Defendant moved to have his plea bargain stipulated sentence reduced because the stipulated sentence referred to section 2D1.1 of the sentencing guidelines; that section was amended shortly after he was sentenced decreasing the base offense levels, the court had the authority to reduce the sentence and found it was appropriate to do so. Motion granted.
Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0315
The trial court erred in finding that collateral estoppel precluded defendant's retrial on charges of trafficking in individuals and attempted involuntary servitude after a hung jury on those offenses, since defendant's acquittal on charges of robbery and theft did not negate the commonwealth's ability to prove the elements of the two outstanding offenses. The appellate court reversed and remanded.
Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0317
The trial court erred in finding that police had no basis to stop defendant's vehicle because they lacked probable cause to believe he violated §3351 of the Motor Vehicle Code, addressing "stopping, standing and parking outside business and residence districts," as the statute does not require the actual obstruction of the flow of traffic or mandate that the vehicle be stationary for a specific period. The appellate court reversed and remanded.
Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0313
Where the prosecutor's use of the term "cold-blooded killer" in closing arguments directly related to defendant's alleged actions and the mens rea required for the crime charged and the use of the term constituted an isolated use of oratorical flair, defendant was not entitled to relief based on counsel's failure to object. The appellate court affirmed a trial court order denying defendant's petition for relief under the Post Conviction Relief Act.
Publication Date: 2019-03-18
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0284
Court vacated appellant's plea deal in its entirety in his conviction for multiple counts of forgery, theft by unlawful taking and access device fraud because the part of his sentence requiring restitution was void and unenforceable since township was not a "victim" under the statute and the sentence was illegal. Affirmed in part and reversed in part.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2019-03-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0283
Defendant, who was over 18 years of age when she committed second-degree murder, could not rely on the U.S. Supreme Court's ruling in Miller v. Alabama, barring most mandatory life without parole sentences for those under the age of 18, since age is the sole factor in determining whether Miller applies to overcome the Post Conviction Relief Act time-bar. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-03-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0285
The trial court erred in granting defendant's motion to suppress evidence of his use of marijuana prior to and/or while operating a motor vehicle since the selection of the location and operation of the checkpoint where defendant was stopped met the constitutional requirements for such a stop, including considerations of safety. The appellate court reversed and remanded.
Publication Date: 2019-03-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0279
The evidence was sufficient to support defendant's conviction on charges of animal fighting for amusement or gain where defendant had a personal motive to instigate a dog fight and caused his dog to attack the victim's dog as a means of retribution. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-03-11
Practice Area: Civil Rights | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0263
The trial court erred in suppressing defendant's pre-arrest statements to police where the record supported the court's finding that defendant was not in custody for Miranda purposes, but he chose to stay and speak with police despite his invocation of the right to remain silent. The appellate court reversed and remanded.
Publication Date: 2019-03-11
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0261
The trial court did not err in finding defendant guilty of cruelty to animals where the evidence established that he knew of his dog's dietary needs but abandoned the dog for a sufficiently long time such that the dog would certainly die. The appellate court affirmed defendant's judgment of sentence.
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