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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.

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    Lancaster County & Berks County Court Rules 2023

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  • Commonwealth v. Thorne

    Publication Date: 2022-07-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0752

    The superior court erred in holding that defendant's constitutional challenges to the lifetime registration requirements of the Sex Offender Registration and Notification Act were waived because he only raised them for the first time on appeal. The high court reversed in part and remanded.

  • Commonwealth v. Cooper

    Publication Date: 2022-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0711

    Trial court could not anticipatorily revoke probation where a defendant, who had been sentenced to a consecutive term of probation, committed a criminal act while still on parole. Order of the trial court vacated in part and affirmed in part.

  • White v. Pennsylvania Parole Bd.

    Publication Date: 2022-06-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0674

    Counsel filed petitions for review of Board's recommitting petitioner as a parole violator and to withdraw as counsel and court found petitioner's argument that board relied on hearsay evidence failed since board relied on a certified sentencing document and Unified Judicial System criminal docket and properly calculated petitioner's new maximum sentencing date. Affirmed and counsel's petition granted.

  • Reyes v. Pennsylvania Parole Bd.

    Publication Date: 2022-06-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0687

    Parole board filed preliminary objections and a demurrer to petitioner's violation motion regarding board's failure to hold a parole revocation hearing and court found it had original jurisdiction, it sustained board's demurrer to petitioner's claim that board's failure to hold a hearing violated his right to have that hearing in a timely fashion but found that since board elected not to challenge petitioner's argument related to the interstate agreement on detainers, that portion of his claim had to proceed. Overruled in part, sustai

  • Commonwealth v. Dixon

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0646

    Evidence was sufficient to support conviction for robbery and murder where defendant owned the getaway vehicle and was in possession of stolen property without sufficient explanation for how he came into possession of the victim's property. Judgment of sentence affirmed.