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  • Commonwealth v. White

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 329 of 2022 CR

    A criminal defendant charged with sexual assault filed an omnibus pretrial motion and petition for writ of habeas corpus relief. Motion denied.

  • Commonwealth v. Myers

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 831 WDA 2022

    Post-conviction relief petition based on presiding judge's contemporaneous criminal conduct failed where defendant failed to plead facts establishing causal connection between the judge's behavior and appellant's decision to enter a plea agreement. Order of the PCRA court affirmed.

  • Commonwealth v. Dove

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1380 MDA 2022

    Rape and aggravated indecent assault convictions did not merge for sentencing purposes where rape included the element of sexual intercourse while aggravated indecent assault could be accomplished by digital penetration, which did not qualify as sexual intercourse, and the incidents leading to the convictions occurred in separate criminal acts. Judgment of conviction affirmed, case remanded.

  • Commonwealth v. Faddis

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2666 EDA 2022

    Subsequent sentencing order did not effectively revoke previously imposed probation term where that term was not before the trial court during the subsequent sentencing order, the order made no indication that the probation term was being revoked, and defendant was afforded requisite notice of the probation term in her prior sentencing order. Judgment of sentence affirmed.

  • Commonwealth v. Ierino

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 677 of 2021 CR

    Commonwealth provided sufficient evidence to establish a prima facie case for possession with intent to deliver. Defendant's petition for writ of habeas corpus denied.

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  • United States v. Jumper

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2085

    District court did not violate double jeopardy in issuing a criminal sentence to appellant after restitution was imposed on appellant in SEC's civil complaint and appellant pled guilty to DOJ's criminal charges and district court did not abuse its discretion when it denied appellant's request for a downward departure and variance in his sentence. Affirmed.

  • Commonwealth v. Asbury

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 907 WDA 2022

    Prohibition on Sex Offender Registration and Notification Act's irrebuttable presumption of recidivism to juveniles did not apply when a juvenile committed a criminal act ineligible to be charged as a delinquent act. Judgment of sentence affirmed.

  • Commonwealth v. Green

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2068 EDA 2022

    Police possessed reasonable suspicion to detain defendant after observing a firearm on his person and drug paraphernalia strewn throughout his vehicle, which smelled of burnt marijuana. Judgment of sentence affirmed.

  • M.T. v. Pennsylvania State Police

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 94 M.D. 2022

    Subjecting sex offender with out-of-state conviction to lifetime registration for offense that in Pennsylvania carried a shorter registration period was constitutional where the state of conviction imposed lifetime registration and thus offender was not being treated dissimilarly from other sex offenders convicted in states with more stringent registration requirements. Defendant's preliminary objections sustained, petition dismissed.

  • Commonwealth v. Rondon

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 511 MDA 2022

    Trial court was not obligated to secure bondsman's written reaffirmed consent where trial court had initially forfeited defendant's bail due to the trial court's error.