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  • Commonwealth v. Pridgen

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 78 MDA 2023

    Although PCRA court neglected to address defendant's claims of ineffectiveness against current PCRA counsel, defendant was not prejudiced where his primary claims of ineffective assistance by his initial PCRA counsel decades ago did not meet any of the timeliness exceptions. Order of the PCRA court affirmed.

  • Commonwealth v. Raling

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1430 WDA 2022

    Trial court did not misstate the law where it exercised discretion to deny parole to defendant who had completed minimum sentence where trial court determined defendant needed to complete drug/alcohol treatment for his parole to be successful. Order of the trial court affirmed.

  • Commonwealth v. Papp

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1394 MDA 2022

    Harassment statute did not violate First Amendment protections where the statute proscribed the intent of communications/expressions rather than the content of said communications. Judgment of sentence affirmed.

  • Weatherholtz v. McKelvey

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 190 MDA 2023

    Trial court erred in entering a protective order under the Protection of Victims of Sexual Violence or Intimidation Act because appellee's petition was filed after the six-year statute of limitations had run and was barred by the statute. Reversed.

  • Commonwealth v. Wright

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Cordaro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 870 of 2016

    Petitioner filed an amended PCRA petition that raised claims of ineffective assistance of counsel. The court granted the petition based on petitioner's interrelated allegations of failure to consult and/or investigate, failure to obtain medical expert testimony, and failure to challenge an autopsy weight measurement of petitioner's deceased child. The court reasoned that petitioner's counsel were ineffective where they had scant contact with him before and during trial and failed to contest a purportedly inaccurate measurement of the

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    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Commonwealth v. Williams

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 633 WDA 2022

    Police had exigent circumstances for warrantless search of medically incapacitated person's vehicle and backpack where the person could not give his identity to the officers, who reasonably searched the vehicle and backpack for identification. Judgment of sentence affirmed.

  • Commonwealth v. Conforti

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 794 CAP

    Commonwealth committed Brady violation by failing to disclose mental health records in its possession relating to defendant's co-defendant, who provided key testimony at defendant's trial, where the records were relevant as they diagnosed co-defendant with sociopathic tendencies and thus could have been used to damage the credibility and reliability of his testimony. Order of the PCRA court affirmed.

  • Commonwealth v. McKnight

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 66 WDA 2023

    Trial court did not abuse discretion in directing commonwealth's response to bill of particulars seeking clarification on the manner in which defendant allegedly poisoned the victims since such information was directly related to the alleged actus reus and would shape defendant's defense strategy. Order of the trial court affirmed.

  • In re: Martino

    Publication Date: 2023-11-06
    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: 23-2723

    Petitioner sought a writ of mandamus to compel the district court to rule on his petition and motion.

  • Commonwealth v. Jenkins

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1665 MDA 2022

    Trial court did not abuse its discretion in revoking defendant's Accelerated Rehabilitative Disposition Program acceptance following the filing of charges stemming from a second DUI arrest that occurred prior to entry into ARD where the trial court would have denied defendant's application but for defendant concealing his arrest. Judgment of sentence affirmed.