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Publication Date: 2023-10-02
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 909 C.D. 2022
Trial court properly concluded the forfeiture of woman's home would impose an excessive and unconstitutional fine, given her lack of knowledge that drugs were sold from her home and her minimal culpability for the drug trafficking conspiracy. Affirmed.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 32 WDA 2022
Trial court did not abuse sentencing discretion in sentencing defendant to indirect criminal contempt of a PFA order where, as required by applicable provisions of the sentencing code, the trial court took evidence regarding the circumstances of the offense and defendant's rehabilitative needs. Judgment of sentence affirmed, case remanded for correction of clerical error.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: CR-2297, 2527-2004
Appellant was sentenced to a term of imprisonment following a third felony conviction, under the state's Three Strikes Law. He filed a fourth petition for post-conviction relief, claiming newly discovered evidence, which was denied. The court affirmed the denial, finding that the petition was time-barred and substantively defunct.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1045 MDA 2022
Evidence was sufficient to support endangering the welfare of a child conviction where facts supported finding that defendant crossed over the center line while speeding, distracted by a text message, and under the influence of prescription substances. Judgment of sentence affirmed.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.
Case Number: 21-2601
Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.
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Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: CP-41-CR-0001481-2022
Commonwealth appealed the trial court's order denying its request that defendant be precluded from introducing evidence regarding specific charges pending against the defendant's alleged victim. The court concluded that its order should be affirmed.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 176 MDA 2023
Trial court correctly denied suppression motion for genetic paternity testing results, where defendant was not obligated to consent to a buccal swab after being placed in custody for contempt of the paternity testing order, and where the trial court could have determined defendant's paternity either through testing or by default for defendant's failure to appear for testing. Judgment of sentence affirmed.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: CR-2980-2016
The court affirmed the denial of appellant's post-conviction petition, considering the lack of compliance with procedural rules and finding that he was not prejudiced by any alleged ineffective assistance of trial counsel.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 22-435
Defendants moved to dismiss the indictment charging them with conspiracy to distribute controlled substances and distribution of controlled substances on the grounds government failed to allege the defendants' subjective belief that they were knowingly and intentionally acting outside the course of a legitimate professional purpose and that the Controlled Substances Act applied to non-pharmacists and court found the indictment in this case met the requirements of Fed.R.Crim.P. 7(c)(1) and 21 U.S.C. §§841 and 846 both applied to "any p
Publication Date: 2023-09-18
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 2687 EDA 2022
Appellant appealed the trial court's judgment of sentence on his jury conviction for first-degree murder and tampering with evidence. The court affirmed.
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