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Publication Date: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1219
District court properly sentenced appellant on her convictions for attempted enticement of a minor and travel to engage in illicit sexual conduct with a minor because district court did not violate appellant's due process rights by basing her sentence on inaccurate information and did not err in considering prison wages in determining whether appellant was indigent for the purposes of an assessment under the victims of trafficking act. Affirmed.
Publication Date: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Delaware County
Judge: Judge Green
Attorneys: For plaintiff:
for defendant:
Case Number: 7434-2018
The court denied a criminal defendant's request for appeal finding that his request for a mistrial was appropriately denied because although a jury member was aware that one of the witnesses worked in a nursing facility, they did not know any other identifying information. The court further denied the request for a mistrial on several grounds, finding that the trial court properly delivered jury instructions and exercised sound judgment during sentencing.
Publication Date: 2022-09-05
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0897
Petitioner was not entitled to the attorney general's intervention in the underlying criminal matter under the Commonwealth Attorneys Act since she failed to follow the procedures set forth in that Act and also filed her request prematurely, before substantiating a conflict of interest claim. The court recommended affirmance.
Publication Date: 2022-09-05
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1004
District court properly denied defendant's habeas corpus petition because, under the Antiterrorism and Effective Death Penalty Act, defendant could not develop facts to support his new merits claim in federal court and, on the state record, his trial counsel was not ineffective for arguing an alibi defense instead of self-defense. Affirmed.
Publication Date: 2022-08-29
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0963
A jury could reasonably infer that defendant was aware that the practical certainty of his breaking the victim's phone while he was assaulting her would prevent her from contacting to police; thus, the evidence was sufficient to support a finding that defendant had the mens rea to commit the crime of intimidation. The appellate court affirmed.
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Publication Date: 2022-08-22
Practice Area: Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0934
Pursuant to the rulings in Commonwealth v. Lacombe and T.S. v. Pennsylvania State Police, subchapter I of the second version of the state's Sex Offender Registration and Notification Act, which applied retroactively to defendant, was nonpunitive and did not violate the constitutional prohibition against ex post facto laws. The appellate court affirmed.
Publication Date: 2022-08-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0944
Court found that when there was a Commonwealth v. Walker, 185 A.3d 969, defect in an appeal to which Pa.R.A.P. 902 applied, the default position was that it was appropriate to allow correction and only stray from the rule's preference for good cause and commonwealth ought to have the opportunity to correct its failure to file separate notices of appeal at each of the six docket numbers. Remanded.
Publication Date: 2022-08-01
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Delaware County
Judge: Judge Green
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0788
Court affirmed trial court's conviction in attempted rape and stalking case. Although appellant argued the prosecution delayed his trial and the court improperly admitted evidence of past, forced sexual conduct between appellant and the same victim, the court found that the delay in the trial was not due to the state's actions and evidence of the past conduct was properly probative of appellant's intent to commit the act rather than his character
Publication Date: 2022-08-01
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0853
The juvenile court did not abuse its discretion when it concluded that the time limitation imposed by §6353 of the Juvenile Act applied only to appellant's initial commitment, not his total commitment, and thus denied his recent motion for release from placement. The appellate court affirmed.
Publication Date: 2022-07-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0821
While defendant admitted he was the driver of a vehicle that struck the victim, thereby establishing his criminal culpability for leaving the scene of an accident without rendering aid in violation of 75 Pa.C.S. §3742(a), this admission did not establish the requisite causal link between the criminal conduct and the victim's injuries so as to support a restitution order. The superior court vacated in part.
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