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  • Commonwealth v. Ratliff

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 910 EDA 2023

    Appellant appealed his judgment of sentence on firearms-related charges. The court affirmed, holding that appellant's sentence, which included consecutive mandatory minimum terms of imprisonment, was neither unreasonable nor excessive where the aggregate term imposed was a small fraction of appellant's potential sentence and far below Commonwealth's requested sentence.

  • Commonwealth v. Smith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 315 MDA 2023

    Court affirmed grant of suppression motion where commonwealth waived arguments against suppression by failing to raise them in its initial opposition brief. Order of the trial court affirmed.

  • Commonwealth v. Griffith

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1106 MDA 2022

    Telling victim that their property was gone and to "press charges" was sufficient evidence to support an inference that defendant intended to deprive the victim of their property, even where defendant had merely found the property and left it where they had found it. Judgment of sentence affirmed.

  • Commonwealth v. Little

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 29 WDA 2023

    Trial court correctly granted writ of habeas corpus where evidence demonstrated defendant only conspired to commit robbery in New York and subsequent theft in New York did not involve force. Order of the trial court affirmed.

  • Commonwealth v. Banniger

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1612 EDA 2022

    Totality of circumstances, including the parties' familial relationship, the use of controlled substances, and the victim becoming paralyzed with fear after waking up during the sexual assaults, were sufficient to find that defendant acted with forcible compulsion by overcoming the victim's will and causing her to submit to the assault. Judgment of sentence affirmed.

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    New Jersey Estate & Trust Litigation 2024

    Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler

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  • Commonwealth v. Lalli

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Huntingdon County
    Judge: Judge Zanic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-31-CR-264-2022

    Criminal defendant moved for recusal of the court's judge on grounds of bias after the court rejected his negotiated plea bargain in two cases. The court denied the motions.

  • Commonwealth v. Fisher

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 351 MDA 2023

    Traffic stop detainee's persistent noncompliant behavior was solely responsible for prolonging a traffic stop for an equipment violation for over an hour, exposing everyone at the scene of the stop to the risk of an accident with passing traffic, which was sufficient to convict defendant for disorderly conduct. Judgment of conviction affirmed, judgment of sentence vacated and remanded.

  • Commonwealth v. Smith

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1910 EDA 2022

    Evidence was insufficient to support assault and conspiracy charges against off-duty police officer where complainant admitted that officer suspected the complainant of criminal activity and knocked the complainant off his feet to stop his flight from the officer. Order of the trial court affirmed.

  • Commonwealth v. Torres

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 MDA 2022

    Mandatory minimum sentence for rape conviction for offense committed as a juvenile was not per se unconstitutional, where constitutional protections for juveniles only concerned mandatory life sentences. Judgment of sentence affirmed.

  • United States v. Gunther

    Publication Date: 2023-10-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1588

    Defendants appealed their conviction for offenses stemming from their operation of a drug trafficking scheme.