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  • Commonwealth v. Grush

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 611 WDA 2022

    Court could admit preliminary hearing testimony of deceased witness despite defendant not cross-examining the witness about his criminal history, where defendant and the witness were the only two suspects to the crime and defendant thoroughly cross-examined the witness regarding his potential involvement in the offense, and the witness's criminal history would have only been minor impeachment evidence. Order of the trial court reversed, case remanded.

  • Commonwealth v. Laur

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 706 WDA 2022

    Trial court erred in ordering restitution to county jail for medical bills incurred by a victim of inmate assault where the jail had not yet paid any portion of the bills and the restitution statute only authorized restitution to a government entity for any compensation it had already paid to a victim of crime. Judgment of sentence vacated in part, case remanded for resentencing.

  • Commonwealth v. Derr

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 290 MDA 2022

    Accessing Pennsylvania police database for personal purposes constituted unlawful use of a computer as "exceeds authorized access" was interpreted as accessing a computer system or network for reasons other than those falling within the scope of official permission. Order of the trial court reversed.

  • Commonwealth v. Torres

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-3055-2008

    The court denied appellant's petition for habeas corpus relief on the grounds that appellant's request under the Post-Conviction Relief Act was untimely and the court did not have jurisdiction to consider the request for collateral relief.

  • Commonwealth v. Hummel

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1147 MDA 2022

    Trial court erred in excluding prior acceptance of Accelerated Rehabilitative Disposition as a first DUI offense when sentencing a defendant on a second DUI. Judgment of sentence vacated, case remanded for resentencing.

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  • Commonwealth v. Powell

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-2378-2006

    Appellant appealed the dismissal of his "Motion to Rescind Judgment of Sentence," which challenged his 2007 murder conviction. The court recommended that dismissal of the filing as an untimely post-conviction relief petition be affirmed.

  • Commonwealth v. Lombardo

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: MD-2298-2021

    The court denied appellant's appeal on the grounds that his extradition proceedings did not reset review of the timeframe he was statutorily required to file an appeal.

  • Commonwealth v. Becher

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 155 WDA 2022

    Appellant appealed the trial court's sua sponte grant of a new trial to a criminal defendant. The court reversed the trial court's order and remanded with instructions for reconsideration of defendant's pending motion for new trial as based on an against the weight of the evidence claim.

  • Freeman v. Superintendent Fayette SCI

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1451

    Although co-defendant's confession was not sufficiently redacted to ensure the jury would not infer that the statement clearly referred to and implicated defendant, the error was harmless as the confession was cumulative of another co-defendant's testimony and other witness testimony implicating defendant. Order of the district court reversed.

  • Commonwealth v. Thalassinos

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry: Education | State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-2688-2022

    The court granted defendant's motion to dismiss criminal charges arising out of forged residency documents submitted to a school district on the grounds that his actions were so de minimus that they amounted to a mere "infraction."