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  • Commonwealth v. Speed

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 900 WDA 2023

    Trial court correctly denied Rule 600 motion where delays attributable to defendant due to his continuances pushed the adjusted run date to after defendant's motion was filed or the entry of his guilty plea. Judgment of the trial court affirmed.

  • Rainey v. Pennsylvania Parole Bd.

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1124 C.D. 2023

    Time that a parolee was not in custody or accessible to the parole board was excludable from the 120-day deadline for holding a revocation hearing. Adjudication of the parole board affirmed.

  • Commonwealth v. Krzan

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1638 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of certain sex crimes. The court affirmed, holding that the trial court did not err in permitting Commonwealth to introduce evidence of appellant's pre-arrest silence where appellant's trial testimony created the impression that he had spoken with police about the allegations against him prior to his arrest.

  • Commonwealth v. Black

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1601 EDA 2023

    Commonwealth appealed the trial court's order denying its petition to refile charges against appellee. The court reversed and remanded for trial, holding that Commonwealth's evidence regarding appellee's blood test results, his driving, the accident he caused, and his behavior afterward was sufficient to set out prima facie cases of aggravated assault by vehicle while driving under the influence and aggravated assault by vehicle.

  • United States v. Balter

    Publication Date: 2024-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge per curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-1988

    Pro se appellant appealed the district court's order denying his motion for compassionate release.

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  • United States v. Sponaugle

    Publication Date: 2024-09-24
    Practice Area: Criminal Law
    Industry: Accounting | Federal Government | Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2851

    Accountants' testimony did not constitute improper lay opinion testimony where their discussion of accounting concepts was merely foundational to their fact testimony, which was based on their personal experiences with the fraudulent scheme in the case.

  • Commonwealth v. Kapellusch

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 129 WDA 2024

    Appellant appealed the post-conviction relief court's denial of his petition filed pursuant to the Post Conviction Relief Act. The court affirmed, holding that the PCRA court did not err in declining to deem appellant's version of facts admitted where Commonwealth failed to answer appellant's PCRA petition as ordered by the PCRA court.

  • Commonwealth v. Martin

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 791 MDA 2022

    Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.

  • Bailey v. Pennsylvania Parole Bd.

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 871 C.D. 2023

    Petitioner sought review of respondent Pennsylvania Parole Board's order affirming its earlier determination recommitting him as a convicted parole violator. The court affirmed, holding that petitioner forfeited his 569 days of parole street time credit when he was recommitted as a convicted parole violator for subsequent violent crimes.

  • Commonwealth v. Cahill

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 140 MDA 2024

    Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.