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  • Commonwealth v. Priano

    Publication Date: 2023-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 603 OF 2020, CR

    Defendant filed an omnibus pretrial motion that included a request for dismissal of the criminal charges filed against him as having been brought after expiration of the statute of limitations. The court denied the motion.

  • Commonwealth v. Westlake

    Publication Date: 2023-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 361 WDA 2022

    Omnibus motion to dismiss DUI charges denied where challenges to legality of traffic stop and arrest were known to defendant and could have been raised in the initial omnibus motion; however, multiple DUI convictions should have merged for sentencing purposes. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.

  • United States v. Evridiki Navigation Inc.

    Publication Date: 2023-06-13
    Practice Area: Criminal Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2032

    District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.

  • Lee v. Thomas

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 101 M.D. 2022

    Court found petitioner's claims as to the calculation of his presentence credit were correct but sustained respondent Director of Classification Movement and Registration's preliminary objections as to respondent's duty to provide petitioner with the relief he sought. Preliminary objections sustained in part and denied in part.

  • Commonwealth v. Copes

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1275 EDA 2022

    Compulsory joinder rule did not require consolidation of criminal dockets where each docket involved a separate criminal incident and entirely different sets of evidence. Order of the trial court reversed.

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  • Commonwealth v. Gray

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2288 EDA 2021

    Trial court did not abuse discretion in consolidating three robbery indictments for single trial where the evidence from each robbery was relevant to demonstrate defendant's common scheme as defendant claimed that he had no intent to rob the victims. Judgment of sentence affirmed.

  • United States v. Harris

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1861

    District court erred in denying appellant's motion to correct his sentence because appellant's aggravated assault conviction was not a predicate offense under the Armed Career Criminal Act since that conviction was not a violent felony under the act. Reversed and remanded.

  • Commonwealth v. Horlick

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 781 WDA 2022

    Appellant appealed the trial court's judgment of sentence for his conviction of strangulation and simple assault. The court affirmed.

  • Commonwealth v. Barnes

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1066 EDA 2022

    Unprovoked flight in a high-crime area was sufficient to establish reasonable suspicion to support an investigative detention, and using show of authority or force to temporarily detain a suspect did not rise to the level of a custodial detention. Order of the trial court reversed, case remanded.

  • United States v. Jenkins

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-2222

    District court erred in denying appellant's motion to correct his sentence because second-degree assault in violation of 18 Pa.C.S. §2702(a)(3) could be committed by a failure to act, it was not a "violent felony" under the Armed Career Criminal Act and thus, appellant did not have the three predicate offenses to trigger the ACCA penalty provision. Reversed.