• Cao v. Pennsylvania State Police

    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.

  • Commonwealth v. Young

    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.

  • Commonwealth v. Faison

    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

  • In re: Interest of Minor C.K.M.

    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.

  • Commonwealth v. Warunek

    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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  • United States v. Adair

    Publication Date: 2022-07-25
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0822

    District court properly found the guideline organizer-leader enhancement applied in sentencing appellant on drug charges and properly did not compel government to move for a third-point reduction for acceptance of responsibility. Affirmed.

  • United States v. Mitchell

    Publication Date: 2022-07-18
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0808

    First Step Act | Resentencing | Vacatur

  • Commonwealth v. Prinkey

    Publication Date: 2022-07-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0793

    Longer sentence imposed on resentencing motivated by prosecutorial retaliation against defendant's successful appeal constituted cognizable challenge to legality of sentence under the PCRA. Order of the superior court reversed and remanded.

  • Commonwealth v. Else

    Publication Date: 2022-07-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0700

    Court's opinion asked the appellate court to dismiss defendant's appeal or alternatively, to affirm the court's judgment of sentence. Defendant appealed to the Superior Court claiming the court imposed a "manifestly excessive sentence." The court noted that they considered all relevant factors regarding the length of the sentence which were presented to the court in a pre-sentencing investigation report as well as at the pre-sentencing hearing. Furthermore, the court reasoned that defendant failed to properly file a post-sentencing o

  • Marsalis v. Pennsylvania Dep't of Corr.

    Publication Date: 2022-07-11
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0774

    District court properly dismissed appellant's federal habeas petition asserting ineffective assistance of counsel for not challenging the evidence of government's expert witness and court found appellant's petition was untimely, he failed to assert his claim on state habeas and jury would have convicted him without the witness's testimony. Affirmed.