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Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 795 CAP
Commonwealth appealed an order granting appellee collateral relief under the Post Conviction Relief Act. The court reversed, concluding that the PCRA court erred in awarding appellee a new trial where appellee could not establish prejudice or materiality below in light of overwhelming evidence of appellee's guilt, as reflected in a supplemental PCRA court opinion requested by the court on remand.
Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2023 CR 1218
The court made the following rulings on the parties' motions in limine: (1) it suppressed evidence that two prosecution witnesses submitted to polygraph examinations and a computer voice stress analyzer test and their answers were deemed deceptive; (2) statements made by defendant in prison to a fellow inmate were admissible; and (3) defendant's requested impeachment of investigators with questions they posed to him during his post-arrest interrogation that had previously been suppressed was not ripe until the time of trial.
Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 110 MAP 2022
Court correctly denied Pa.R.Crim.P.600 motion for second complaint arising from same criminal conduct where second complaint was motivated by further investigation after first complaint and there was no evidence of an attempt to evade the rule. Order of the superior court affirmed.
Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 1379 WDA 2022
Appellant appealed the trial court's judgment of sentence on his fifteen non-jury convictions of neglect of animals. The court affirmed in part, reversed in part, and remanded for resentencing, holding fourteen of appellant's convictions were supported by sufficient evidence where the record established that neglected dogs had been under appellant's care for at least two hours, which provided sufficient time for appellant to have tended to the animals' needs. The court held further that appellant was improperly convicted for failing t
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 517 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.
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Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 296 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 1236 EDA 2023
A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 854 MDA 2022
Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.
Publication Date: 2024-06-05
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2827
Appellant appealed his conviction and sentence, arguing that the district court erred by not allowing him to withdraw his guilty plea.
Publication Date: 2024-05-31
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 47 M.D. 2021
Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.
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