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  • United States v. Diaz

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3340

    District court erred in imposing a no-contact order during appellant's incarceration but properly imposed the order as a condition of his supervised release because Congress intended the BOP to control conditions of confinement for all incarcerated individuals but district court had statutory authority to impose special conditions of supervised release. Vacated in part and affirmed in part.

  • Commonwealth v. Rollins

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 70 MAP 2022

    Appellant appealed his sentence, contending the vehicle code provision that he violated was unconstitutionally vague for failing to specify a maximum term of imprisonment. The court affirmed the Superior Court's order affirming appellant's judgment of sentence.

  • United States v. Nucera

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2115

    Defendant appealed his conviction for hate crimes, criminal deprivation of civil rights, and making false statements to the FBI, arising from actions that defendant took as a police officer while arresting a man named Timothy Stroye.

  • Commonwealth v. Wright

    Publication Date: 2023-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2212-2022

    Although a psychologist conducted a series of psychoeducational assessments and concluded that defendant should be tried as a juvenile defendant, the court denied the 19-year-old's motion to decertify the matter back to juvenile court because several factors outlined in 42 Pa.C.S.A. §6355 did not warrant juvenile jurisdiction.

  • Commonwealth v. Rowe

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 649 MDA 2022

    Failure to seek DNA testing prior to pleading guilty was fatal to post-conviction testing request where defendant failed to show that testing available at the time of his prosecution would not have been as reliable as present testing methods. Order of the PCRA court affirmed.

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    New Jersey Local Government Deskbook 2024

    Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.

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  • Commonwealth v. Bogarde

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-09-CR-0003803-2021

    Appellant appealed the trial court's judgment of sentence, contending the court erred in refusing to suppress evidence seized from his vehicle because he was unlawfully stopped and the resulting search and seizure of evidence was tainted by that illegality. The trial court recommended that the judgment of sentence be affirmed.

  • Commonwealth v. Shanholtz

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1791 EDA 2022

    Trial court could extend time for defendant to pay imposed court costs but lacked authority to waive costs due to defendant's indigent status. Order of the trial court affirmed.

  • Commonwealth v. Ani

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1208 MDA 2021

    Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence recovered from the execution of cell phone search warrants. The court affirmed in part, reversed in part, and remanded for further proceedings.

  • Commonwealth v. Sinkiewicz

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 480 EDA 2022

    Commonwealth failed to present prima facie case of aggravated assault by police officer when he momentarily struck resisting protestors with his baton, since the evidence did not support a finding that the officer had specific intent to inflict serious bodily injury. Order of the trial court affirmed.

  • Torre-Gonzalez v. Pennsylvania Parole Bd.

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 862 C.D. 2021

    Parole board erred in applying the fugitive disentitlement doctrine to petitioner's administrative challenges to the recalculation of his maximum parole date because court was not inclined to extend the doctrine's application to cases involving administrative rights. Vacated and remanded.