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  • Commonwealth v. Scott

    Publication Date: 2023-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 530 OF 2021

    Defendant filed an omnibus pretrial motion consisting of a motion to suppress and a petition for writ of habeas corpus. The court denied the motion to suppress and granted the habeas petition in part and denied it in part.

  • United States v. Laird

    Publication Date: 2023-05-22
    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: 22-1978

    Plaintiff appealed her sentence after she pled guilty to wire fraud and court found district court properly applied the abuse-of-trust enhancement and calculated the loss amount as being between $250,000 and $500,000. Affirmed.

  • Williams v. Pennsylvania Parole Bd.

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1151 C.D. 2021

    Parolee contested the recommitment term for his original sentence after he was sentenced on new charges, his parole was revoked and he was recommitted as a convicted parole violator and court found board was well within its discretion when it denied credit for parolee's time spent at liberty, his pre-sentence detention applied to his new charges and service of the remainder of parolee's original sentence began on the date of his recommitment. Affirmed.

  • Commonwealth v. Malone

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 425 EDA 2022

    Trial court erred in dismissing criminal case under Rule 600 because it failed to add time during judicial emergency where operation of Rule 600 was unambiguously suspended and improperly required the commonwealth to show its due diligence in bringing the case to trial during the judicial emergency. Order of the trial court reversed.

  • United States v. Upshur

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3281

    District court did not err in relying on appellant's $325 million in intended losses from his tax fraud scheme to calculate his base offense level because sentencing guideline §2T1.4 encompassed both actual and intended losses. Affirmed.

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  • Commonwealth v. Farris

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 157 OF 2021, CR

    Defendant filed an omnibus pretrial motion, in the nature of a petition for writ of habeas corpus, alleging Commonwealth failed to present a prima facie case for the financial theft charges levied against him. The trial court denied the motion.

  • Commonwealth v. Procopio

    Publication Date: 2023-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 934 OF 2018, C.R.

    Defendant filed an omnibus pretrial motion that included a petition for writ of habeas corpus, a motion for hearing to determine competency of a minor witness, and a motion to suppress the minor witness's identification. The court denied the omnibus motion, finding that the minor witness was competent to testify and that her identification of defendant in a photo lineup was not the result of undue suggestion.

  • Commonwealth v. Thomas

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 345 OF 2022, C.R.

    The court granted defendant's motion to suppress his custodial statements to police, finding that the Commonwealth failed to meet its burden to show that defendant's purported Miranda waiver was knowingly and voluntary.

  • Commonwealth v. Santiago

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 940 EDA 2022

    Concussion constituted a serious bodily injury supporting a conviction for aggravated assault where the victim suffered symptoms of confusion, visual changes, disorientation, and migraines for several weeks following the assault. Judgment of sentence affirmed.

  • Commonwealth v. Alexander

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2260 EDA 2021

    Defendant not entitled to PCRA or nunc pro tunc relief where trial counsel's repeated challenge was sufficient to preserve Batson issue for direct appellate review. Order of the PCRA court affirmed.