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  • Commonwealth v. Bloom

    Publication Date: 2023-09-18
    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-0001209-2022

    Defendant filed a post sentence motion in which he sought re-sentencing to the bottom of the standard guidelines and that each of his sentences be designated to run concurrently. The court denied defendant's motion.

  • United States v. Henderson

    Publication Date: 2023-09-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2613

    District court properly enhanced appellant's sentence under U.S.S.G. §2K2.1(a)(4) based on his prior state conviction under 18 Pa.C.S. §3701(a)(1)(ii) and court found subsection (ii) of 18 Pa.C.S. §3701(a)(1) involved the requisite force and mens rea to qualify as a crime of violence under U.S.S.G. §4B1.2's elements clause. Affirmed.

  • Commonwealth v. Gillins

    Publication Date: 2023-09-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2412 EDA 2021

    Court vacated state sentence to give defendant opportunity to pursue the benefit of his plea deal, where the Commonwealth and trial court failed to understand that the trial court lacked authority to impose a state sentence concurrent to defendant's existing federal sentence. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Poust

    Publication Date: 2023-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-1399-2022

    Commonwealth filed a motion in limine to exclude a defense witness's testimony regarding an alleged sex crime victim's prior false accusation. The court granted the motion.

  • Commonwealth v. Towles

    Publication Date: 2023-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 796 CAP

    Defendant appealed the Post Conviction Relief Act court's order dismissing his second petition for post conviction relief as untimely filed and, alternatively, as lacking merit. The court affirmed.

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  • United States v. Montalvo-Flores

    Publication Date: 2023-08-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1752

    Defendant appealed the denial of his motion to suppress evidence.

  • Commonwealth v. Williams

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 993 MDA 2022

    Acquittal on possession charge did not undermine conviction for possession with intent to deliver, since inconsistent verdicts did not necessarily constitute reversible errors. Judgment of sentence affirmed.

  • Commonwealth v. Truax

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-455-2023

    Defendant brought a motion to disqualify the presiding judge on the grounds that she approved five out of six challenged search warrants in defendant's criminal case. The court denied the motion, finding that it could fairly decide any pretrial challenges to the approved warrants.

  • Commonwealth v. Riley

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 566 MDA 2022

    Evidence supporting an inference that defendant believed that a firearm exchanged for drugs was stolen was sufficient to support a conviction for receiving stolen property. Judgment of sentence affirmed.

  • Commonwealth v. Mabus

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1672 MDA 2021

    Breathalyzer test results did not require uncertainty values or confidence intervals to be submitted with test results to render the results scientifically reliant or legally admissible where use of a breathalyzer was a generally accepted means of calculating blood alcohol content in the scientific community, thereby meeting the Frye standard. Judgment of conviction affirmed.