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Publication Date: 2023-02-13
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Craig
Attorneys: For plaintiff:
for defendant:
Case Number: 758 OF 2020
The court denied criminal defendant's appeal in its entirety, finding that the Commonwealth had presented sufficient evidence for the jury to sustain drug possession and distribution charges under 35 P.S. § § 780-113 and 102.
Publication Date: 2023-01-23
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2294
District court's closure of two proceedings during appellant's trial was not plainly erroneous and did not affect the fairness or integrity of the judicial proceedings and district court did not abuse its discretion in admitting evidence of appellant's prior conviction. Affirmed.
Publication Date: 2023-01-09
Practice Area: Criminal Appeals
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 20-3551
Appellant appealed district court's denial of his motion to withdraw his guilty plea and the denial of three post-appeal motions and court found appellant did not file a new notice of appeal or amend the notice already filed and never appealed the denial of the post-appeal motions, district court did not err in denying his motion to withdraw his guilty plea because none of the alleged evidence he presented was newly discovered and district court did not err in sentencing. Affirmed.
Publication Date: 2023-01-09
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1157 EDA 2021
Defendant forfeited any challenge to denial of motion in limine seeking to preclude evidence of a prior conviction, where defendant made strategic decision to introduce the conviction himself during his direct testimony. Judgment of sentence affirmed.
Publication Date: 2022-12-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3812
Appellant challenged district court's denial of his request to waive his right to counsel in his wire fraud trial and the imposition of special conditions of supervised release and court found district court properly found he could not knowingly and voluntarily waive his right to counsel and properly imposed special conditions of supervised release but erred in interpreting "loss" in the context of U.S.S.G. §2B1.1. Affirmed in part and remanded.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-12-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 543 MDA 2022
Multiple factors, including odor of marijuana, attempts to conceal identity and ownership of vehicle, and noncooperation during traffic stop, gave police probable cause to conduct a warrantless search of defendant's vehicle. Judgment of sentence affirmed.
Publication Date: 2022-12-12
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 16-1682
Appellants appealed their convictions and sentence for conspiracy to distribute CDS, CDS distribution and weapons charges arguing improper evidence rulings, jury instructions and sentencing and court found district court's rulings were error-free. Affirmed.
Publication Date: 2022-12-12
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3087
Defendant, who pled guilty after his suppression motion was denied, appealed his conviction on being a felon in possession of a firearm and court found the box containing pills, whose seizure he argued was improper, did not support the charges against him in any meaningful way, could have had no effect on his decision to plead guilty and district court's error in admitting the box was harmless. Affirmed.
Publication Date: 2022-11-28
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McCaffery
Attorneys: For plaintiff:
for defendant:
Case Number: 1527 MDA 2021
Appellant juvenile appealed her delinquency adjudication for cyber harassment of a child and transmission of sexually explicit images by a minor after appellant goaded mentally challenged juvenile to lift her shirt and expose the bottom of her breasts on Instagram Live and court rejected appellant's argument that nudity under 18 Pa.C.S. §6321 required a fully exposed breast and found appellant's course of conduct was intended to harass victim. Affirmed.
Publication Date: 2022-11-14
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Bateman
Attorneys: For plaintiff:
for defendant:
Case Number: CP-09-0000248-2020
The court sentenced defendant to a term of imprisonment outside her sentencing guidelines where the child neglect at issue, involving young victims who were lucky to be alive, was described by a treating physician as the worst case of neglect he had ever seen. The court recommended affirmance.
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