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  • United States v. Brasby

    Publication Date: 2023-02-24
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1537

    Defendant appealed his judgment of sentence, under which he received a sentencing enhancement for a prior New Jersey conviction for aggravated assault.

  • Commonwealth v. Moore

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-41-CR-0000798-2020

    The court refused to dismiss criminal charges pending against defendant based on Pa.R.Crim.P. 600 where the commonwealth had acted with due diligence and many of the delays in this matter, including those related to the suspension of Rule 600 during the COVID-19 pandemic, an overcrowded docket and a lack of judges, were beyond the prosecution's control. The court denied defendant's motion.

  • Commonwealth v. Lear

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 700 EDA 2022

    Trial court erred in denying Rule 600 motion to dismiss based on judicial emergency orders, where several of the orders expressly declared a court postponement, requiring the trial court to determine whether the commonwealth exercised diligence in bringing defendant to trial. Denial of motion to suppress affirmed, case remanded for new Rule 600 hearing.

  • Commonwealth v. Stahl

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1522 WDA 2021

    Successive PCRA petition was untimely filed outside the one-year deadline, and governmental interference and newly discovered facts exceptions did not apply where appellant already knew of the facts underpinning his claims related to his all-female jury, nor could an untimely petition be used to assert a claim of ineffective assistance of PCRA counsel. Order of the trial court affirmed.

  • Commonwealth v. Midgley

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 166 MDA 2022

    Ineffective assistance of counsel claims were meritless where defendant expressly acknowledged at his plea hearing that he understood there was no guarantee of a particular sentence and that the trial court was not bound by the plea agreement between defendant and the commonwealth. Order of the PCRA court affirmed.

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  • Commonwealth v. Thompson

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2632 EDA 2021

    Pennsylvania Supreme Court decision that recognized that Pennsylvania Constitution was incompatible with the federal "automobile exception" did not implicitly overrule the inventory search exception as well since both exceptions were distinct, as inventory searches were conducted for "community caretaking" rather than investigation of crimes. Judgment of sentence affirmed.

  • Commonwealth v. Hall

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-1070-2021

    The facts offered in support of the commonwealth's search warrant did not contain enough information to demonstrate a fair probability that money used by detectives in a controlled buy of heroin would be found within the residence of someone not involved with the heroin seller and his criminal behavior. The court granted defendant's pre-trial motion to suppress.

  • Commonwealth v. Snyder

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 116 MDA 2022

    Sentence above aggravated range was not excessive where trial court expressly considered all information submitted by the parties and found the sentence necessary for the public's protection and defendant's rehabilitative needs, particularly due to the gravity of the offense that involved a violent stabbing during a road rage incident in which defendant left the victim to die at the side of the road. Judgment of sentence affirmed.

  • Commonwealth v. Respress

    Publication Date: 2023-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 341 OF 2021, CR

    Defendant was not entitled to habeas corpus relief as the commonwealth offered sufficient evidence to make out a prima facie case of the firearms offenses charged, and defendant's affirmative defense of justification was to be addressed at trial. The court denied defendant's pre-trial habeas corpus petition.

  • Commonwealth v. Beachel

    Publication Date: 2023-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Anthony
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-1292-2021

    The court granted criminal defendant's motion to suppress statements he made while restrained in the back of a police car on the basis that he was subject to a custodial interrogation and did not receive Miranda warnings from the investigating officer.