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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.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-11-07
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 92 OF 2021, S.A.
Court overturned trial court finding that a street musician had violated the New Wilmington Borough Local Ordinance §100-2 by singing alone on the street corner. The court reviewed the specific language of the statute and concluded that defendant was not assembling a group of people. Therefore, the court found for defendant due to the statute's clear and unambiguous language.
Publication Date: 2022-10-24
Practice Area: Criminal Appeals
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1421
District court erred in denying appellants' 28 U.S.C. §2255 motion asserting ineffective assistance of counsel for failing to challenge venue for two of the counts on which they were convicted and court found appellants had a colorable claim for ineffective assistance of counsel and district court abused its discretion in failing to hold an evidentiary hearing. Vacated and remanded.
Publication Date: 2022-10-24
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Stearns
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1265
Petitioner appealed the denial of his habeas petition arguing his speedy trial rights were violated and court found the first Barker factor weighed against the commonwealth, since a 50-month delay was exceptional, as did the second and fourth factors. Reversed.
Publication Date: 2022-10-17
Practice Area: Criminal Appeals
Industry: Federal Government | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2775
Defendants appealed their conviction for wire fraud, mail fraud, conspiracy to launder money and theft of government property in case involving the return of unused pharmaceuticals and court vacated defendants' convictions for conspiracy to launder money but affirmed the other convictions. Affirmed in part and reversed in part.
Publication Date: 2022-10-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1630 MDA 2021
Defendant was entitled to a new trial on charges that he violated 18 Pa.C.S. §6106(a) by carrying a firearm without a license where the trial court erred in allowing the jury to hear inadmissible and irrelevant legal opinion testimony from a sheriff which could have contributed to the guilty verdict. The appellate court vacated defendant's judgment of sentence and remanded for a new trial.
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