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  • U.S. v. Bey

    Publication Date: 2018-11-20
    Practice Area: Criminal Appeals
    Industry: Federal Government | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1384

    While Pennsylvania law allows medical providers to prescribe marijuana for pain treatment, federal law preempts the state's limited permission to use physician-prescribed marijuana and, thus, defendant's use of marijuana violated the terms of his federal supervised release. The court granted a petition to modify the terms of defendant's supervised release.

  • Commonwealth v. Pimentel-Caban

    Publication Date: 2018-11-20
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1352

    There was no abuse of discretion in proceeding with defendant's trial on charges arising from the shooting death of a victim and denying him a mistrial based on counsel's alleged "ethical dilemma" since defendant consented to counsel's continued representation. The court recommended affirmance of its order denying defendant post-conviction relief.

  • Commonwealth v. Conte

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1368

    The trial court did not abuse its discretion in departing from the sentencing guidelines where the court considered the general standards for sentencing in 42 Pa.C.S. §9721(b), including the victim's age, her continued suffering and defendant's lack of remorse. The appellate court affirmed defendant's sentence.

  • Commonwealth v. Banks

    Publication Date: 2018-11-13
    Practice Area: Court Administration | Criminal Appeals | Judges
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1370

    An assigned judge's temporary and planned medical absence would not likely constitute an extraordinary circumstance sufficient to meet the requirements of Pa.R.Crim.P. 700; however, defendant was not entitled to a new probation violation hearing since he consented to a newly assigned judge's authority to preside over his case.

  • Commonwealth v. Callen

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1372

    The trial court erred in denying defendant's motion to sever two criminal informations and allowing the commonwealth to try defendant in Allegheny County on charges arising from the sexual assault of three minors where the offenses did not constitute a single criminal episode. The appellate court vacated and remanded for new trials.

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  • Commonwealth v. Haughwout

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1369

    Application of Pennsylvania's Sexual Offender Registration and Notification Act as to defendant was not unconstitutional given that the Act did not change his reporting period where defendant was subject to lifetime registration upon his initial conviction. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Chisholm

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1371

    The trial court erred in denying a motion to suppress evidence discovered in defendant's residence when sheriffs attempted to serve a warrant on a man mistakenly believed to live there since precedent requires "a magisterial determination of probable cause" before police may serve an arrest warrant inside a residence, absent exigent circumstances or consent. The appellate court vacated and remanded.

  • Commonwealth v. Washington

    Publication Date: 2018-11-06
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1335

    Trial court properly denied appellant's motion to dismiss the charges on double jeopardy grounds after his original conviction was overturned for Brady and Bruton violations because appellant failed to demonstrate that any of the alleged acts of misconduct were intended to deprive him of a fair trial. Affirmed.

  • Commonwealth v. Bricker

    Publication Date: 2018-11-06
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1320

    When the trial court resentenced defendant in light of Commonwealth v. Muniz, it did not impose an illegal sentence in ordering defendant, a sexually violent predator, to register for a period of 25 years under subchapter H of the Sex Offender Registration and Notification Act. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Bush

    Publication Date: 2018-10-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1229

    The trial court considering defendant's Post Conviction Relief Act petition erred in finding that defendant waived all claims for appeal by failing to file a Rule 1925(b) statement as certain deficiencies in the PCRA court's order precluded a finding of waiver. The appellate court vacated and remanded.