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  • Commonwealth v. Walters

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 102 MAP 2022

    Trial court erred in admitting medical examiner's opinion of cause of death where it was not based on any objective medical evidence but solely on a witness's history of the case. Order of the superior court reversed, judgment of sentence vacated, case remanded.

  • Handy v. City of Philadelphia

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1905

    Defendants moved to dismiss plaintiff's complaint for failure to state a claim and on the basis of qualified immunity. The court granted the motion as to all of plaintiff's claims against one of the defendants and as to some of the claims against the other. The court held, among other things, that plaintiff failed to state a claim of malicious prosecution in violation of the Fourth Amendment where one of the defendant police investigators was not involved in initiating proceedings against him, and where both defendant officers could h

  • Commonwealth v. Myers

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1195 WDA 2023

    The court vacated and remanded the trial court's order dismissing the Commonwealth's petition to revoke defendant's participation in the accelerated rehabilitative disposition program following her arrest for, inter alia, criminal trespass, disorderly conduct, aggravated assault.

  • Commonwealth v. Anderson

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 801 CAP

    Evidence was sufficient to support first-degree murder conviction where appellant admitted to shooting the victims and the manner of their death permitted the jury to infer that defendant had specific intent to kill. Judgment of sentence affirmed.

  • Commonwealth v. Berry

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16 EAP 2023

    A sentencing court may not lawfully consider a defendant's record of prior arrests which did not result in either juvenile adjudications or adult convictions as a factor in sentencing. Reversed and remanded.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Williams v. Sec'y Pennsylvania Dep't of Corr.

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2399

    DOC was not entitled to qualified immunity because it was clearly established that prisoners with known severe mental illness could not be held in prolonged solitary confinement due to the harm to mental health caused by such confinement. Order of the district court affirmed in part and vacated and remanded in part.

  • Commonwealth v. McCullough

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 824 WDA 2022

    Appellant's judgment of sentence for aggravated assault, person not to possess a firearm, carrying a firearm without a license, and recklessly endangering another person was affirmed.

  • Commonwealth v. Eakin

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1113 WDA 2021

    Commonwealth appealed the trial court's order granting appellee's motion to suppress. The court reversed and remanded, holding that the trial court erred in suppressing evidence derived from a traffic stop conducted by a police officer acting outside his primary jurisdiction where a township's technical violation of the Municipal Police Jurisdiction Act did not invalidate the officer's attempt to uphold the rule of law in good faith in pulling over an inebriated driver.

  • Commonwealth v. Thomas

    Publication Date: 2024-10-11
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 808 CAP

    Appellant appealed the dismissal of his Post Conviction Relief Act petition after he was convicted by a jury of first-degree murder and related crimes. The court affirmed, holding that appellant failed to demonstrate intentional or reckless prosecutorial misconduct where the prosecutor in his case relied on a documentary exhibit to refresh a testifying police officer's memory regarding a fact later contradicted by other police officers.

  • United States v. Valentin

    Publication Date: 2024-10-08
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2639

    Appellant appealed his conviction, where he was sentenced as a career offender for his role in a robbery.