Filter This View

  • United States v. Haggerty

    Publication Date: 2024-07-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2084

    Defendant appealed his sentence for a child-pornography related offense and court held that "image," in the moving picture or video context, unambiguously meant "frame," deference to the sentencing guidelines' commentary's 75-images rule was unwarranted under Kisor v. Wilkie, 588 U.S. 558, and the number of frames comprising a moving picture or video would determine the specific sentencing enhancement to be applied. Vacated.

  • United States v. Crespo

    Publication Date: 2024-07-18
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1166

    Appellants appealed their convictions for transportation of stolen property in interstate commerce and conspiracy to transport stolen property in interstate commerce.

  • United States v. D'Ambrosio

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1310

    Court held that a district court has the authority to modify an arguably unlawful condition of supervised release raised in a motion pursuant to 18 U.S.C. § 3583(e)(2) when properly challenged below by exhausting all challenges to the legality of a condition of supervised release. Reversed and remanded.

  • Gratt v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1324 C.D. 2020

    Trial court erred in granting appeal nunc pro tunc appeal of license suspension for refusal of chemical testing where outcome of related DUI criminal charges was not relevant to the refusal of testing. Order of the trial court vacated.

  • Commonwealth v. Ward

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1613 EDA 2023

    Totality of circumstances warranted officers' traffic stop to check on driver's welfare under the community caretaking doctrine, with subsequent interaction providing reasonable suspicion for DUI investigation. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Delaware County Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • Curry v. Bureau of Driver Licensing

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 9 C.D. 2023

    Refusal of chemical testing was conscious and voluntary where licensee's wrist discomfort did not prevent him from making a knowing decision and where police were not required to force arrestees to pay attention when being read implied consent warnings. Order of the trial court affirmed.

  • Commonwealth v. Gibson

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1460 MDA 2023

    Appellant appealed the denial of his first petition for post-conviction relief. The court affirmed, holding in pertinent part that sufficient evidence supported appellant's jury conviction of aggravated assault where appellant provoked a confrontation, sucker-punched his smaller victim, and attempted to continue his assault as the victim lay unconscious.

  • Commonwealth v. Hawkins-Davenport

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 798 EDA 2023

    Police were justified in removing firearm in plain view within reach of vehicle occupants on grounds of officer safety, without any other justification or reason such as occupants' dangerous or furtive movements. Order of the trial court reversed, case remanded.

  • Commonwealth v. Macik

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 529 WDA 2023

    Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.

  • Lunsford v. Adm'r New Jersey State Prison

    Publication Date: 2024-07-11
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2134

    Appellant appealed the denial of his habeas petition by the district court.