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  • Commonwealth v. Coleman

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19 WAP 2021

    The superior court did not err in finding that the mandatory sentencing enhancement set forth in 42 Pa. C.S. §9715(a) applied to a party such as defendant, who killed three people simultaneously while fleeing from police in a motor vehicle and was later convicted of three counts of third-degree murder charged in the same criminal information. The high court affirmed.

  • Commonwealth v. Betancourth

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Reichley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4143 / 2016

    The court denied appellant's appeal of his sentence, arguing that he did not knowingly plead guilty to his charges. The court reviewed the record, noting that appellant had provided an informed written statement pleading guilty and further orally acknowledged the benefits to allowing his separate charges to run concurrently. Although appellant raised additional arguments as to sentencing and jurisdiction, the court dismissed these arguments as "without merit."

  • Commonwealth v. Drummond

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 28 EAP 2021

    Trial courts should not use personal, emotion-laden hypotheticals couched in language of willingness to act when instructing juries on the standard of reasonable doubt but should instead use language framed in terms of hesitation to act. Order of the superior court affirmed.

  • United States v. Kwasnik

    Publication Date: 2022-12-09
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-3551

    Defendant appealed the denial of his motion to withdraw his guilty plea.

  • In the Interest of: J.C.

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2114 EDA 2021

    Juvenile appealed the dispositional order made after he made an admission to the crime of corruption of minors and court found juvenile court illegally adjudicated juvenile delinquent of COM because it was a legal impossibility for a "child" to commit the crime of COM. Reversed and vacated.

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  • Commonwealth v. Conley

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 935 WDA 2021

    Trial court could not anticipatorily revoke a consecutive sentence of probation following a violation of conditions of county intermediate punishment as no violations of the conditions of a term of probation could occur before a defendant began serving that term. Judgment of sentence vacated, case remanded.

  • York v. Kanan

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Schulman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 190802434

    Pursuant to federal case guidance, plaintiff was not entitled to a new trial based on an allegedly erroneous jury instruction as the court correctly charged the jury that the existence of probable cause as to one criminal charge barred plaintiff's malicious prosecution claim entirely. The court recommended affirmance.

  • Commonwealth v. Collins

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1419 MDA 2021

    Publicly posting fake "wanted poster" calling for a person's capture constituted belligerent acts that fell outside the bounds of constitutionally protected speech, permitting prosecution under the harassment statute. Judgment of sentence affirmed.

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

    Publication Date: 2022-11-28
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2655

    District court erred in granting summary judgment for appellee class representatives' action alleging DOC's policy for paroling sex offenders to halfway house unconstitutionally considered "community sensitivity" because appellees were not similarly situated with non-sex offender parolees and DOC's 13 factors that evaluated a parolee's fitness for placement in a halfway house related to the success of the halfway house system and was rationally related to a legitimate government interest. Reversed.

  • Commonwealth v. Howard

    Publication Date: 2022-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2821 EDA 2019

    Government report highlighting issues in capital jury trials did not constitute "newly discovered evidence" to avoid Post Conviction Relief Act time bar where the report's findings did not support a claim that prosecutors in appellant's trial intentionally discriminated against prospective jurors based on race. Order of the PCRA court affirmed.