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  • Palacio v. Warden Fort Dix FCI

    Publication Date: 2023-10-11
    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: 23-2318

    Petitioner appealed the dismissal of his petition for writ of habeas corpus.

  • United States v. Johnson

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Conti
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:08-374

    Defendant moved for appointment of counsel that had a private investigator and court found that, given defendant's previous §2255 motion and the extensive post-conviction proceedings in the case, he did not have a constitutional right to appointment of counsel. Motion denied.

  • Commonwealth v. Evans

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1093 WDA 2022

    Trial counsel was not ineffective for failing to move for suppression of defendant's statements in custody due to the lack of an affidavit of probable cause, where defendant was placed in custody on an unrelated bench warrant and voluntarily waived his rights to speak with investigators from another law enforcement agency. Order of the trial court affirmed.

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-3679

    Defendants appealed their convictions under 18 U.S.C. §§1343 and 1349 for wire fraud involving false documentation to comply with disadvantaged business enterprises requirements on a contract and court found government sufficiently proved the "property" element and trial court's jury instructions were proper but trial court's loss calculation was erroneous. Affirmed in part and reversed in part.

  • United States v. Packer

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2554

    Appellant challenged his sentence for violating the conditions of his supervised release on the grounds that sentencing court denied his right of allocution by announcing the sentence before inviting appellant to speak and court declined to exercise its discretion since this was not a case in which the error "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings." Affirmed.

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Commonwealth v. Sloan

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1483 WDA 2022

    Court affirmed denial of suppression motion where officer, during lawful traffic stop, had articulable facts besides odor of marijuana to investigate potential intoxicated driving. Judgment of sentence affirmed.

  • Commonwealth v. Williams

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2021

    Commonwealth failed to make prima facie case for tampering charges where there was no evidence to support a finding that defendant, a former law enforcement officer, fabricated and added information to a homicide file to support his story after being interviewed by police department's Internal Affairs Division. Order of the trial court affirmed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    Audible offensive outburst directed toward the trial judge in open court during proceedings was a sufficient disruption to constitute direct criminal contempt. Judgment of sentence affirmed.

  • United States v. Kousisis

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry: Construction | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
    for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 19-3679

    District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.

  • In re: Torres

    Publication Date: 2023-10-02
    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: 23-2568

    Petitioner sought to disqualify the district judge presiding over his prosecution on charges of enticing individuals to travel in interstate commerce to engage in prostitution.