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  • A.L. v. Pennsylvania State Police

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0590

    Defendant's court-martial conviction for sexual assault could not be the basis for his classification as a Tier III lifetime registrant under Pennsylvania's Sexual Offender Registration and Notification Act where his military offense was not "comparable" to sexual assault under Pennsylvania's Crimes Code. The high court affirmed.

  • Commonwealth v. Lehman

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0597

    Trial court properly excluded admission of victim's rap music videos containing violent lyrics and imagery where defendant failed to allege that he had knowledge of the videos prior to the victim's homicide, or that the videos were autobiographical in nature and therefore reasonably demonstrated the victim's violent nature. Judgment of sentence affirmed.

  • Wharton v. Vaughn

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0604

    Petitioner filed a writ of habeas corpus arguing his trial counsel was deficient for failing to present evidence of his positive adjustment to prison to his sentencing jury and court found the positive aspects of petitioner's adjustment to incarceration could not have overwhelmed the vicious nature of the offenses and the aggravating factors. Writ denied.

  • Commonwealth v. Juray

    Publication Date: 2022-05-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0573

    Challenge to the credibility of victim's testimony constituted a weight of the evidence challenge rather than a challenge to the sufficiency of the evidence, and the weight of evidence claim was waived for failure to move for a new trial. Judgment of sentence affirmed.

  • Commonwealth v. Parrish

    Publication Date: 2022-05-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0539

    Remand of Post Conviction Relief Act petition necessary to determine whether trial counsel sufficiently discharged duty to consult with criminal defendant regarding appellate rights.

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  • Commonwealth v. Holt

    Publication Date: 2022-05-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0535

    Evidence was sufficient to convict for first-degree murder where it showed that defendant fired multiple shots in quick succession, with several striking the victim, and therefore it could support an inference that defendant intentionally aimed his firearm at the victim. Judgment of sentence affirmed.

  • United States v. Zayas

    Publication Date: 2022-05-09
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0519

    Court affirmed district court's denial of defendant's challenged to the sufficiency of the evidence in his controlled substance convictions for distribution and conspiracy to distribute, distribution to a pregnant individual and distribution resulting in death but reversed his conviction for distribution within 1000 feet of a playground because question was not properly submitted to the jury. Affirmed in part, reversed in part.

  • Commonwealth v. Trusty

    Publication Date: 2022-05-09
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Green
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0414

    Defendant could not overcome the presumption of trial counsel's effectiveness in this criminal matter where he failed to demonstrate that trial counsel lacked a reasonable basis for his actions or that counsel's actions were so prejudicial as to have denied him a fair trial. The court of common pleas recommended affirmance.

  • Commonwealth v Garcia

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0451

    The trial court erred in denying defendant's motion to withdraw his guilty plea on charges of sexual assault where defendant asserted a consent defense that was at least plausible and there was no basis to find that withdrawal of his plea would result in substantial prejudice to the prosecution. The superior court reversed.

  • Commonwealth v. Edwards

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0452

    In an opinion announcing the judge of the court, the high court found that the prosecution's Batson violation during voir dire was not undertaken recklessly with a conscious disregard for a substantial risk that defendant would be denied a fair trial and did not constitute a prosecutorial tactic designed to provoke him into seeking a mistrial. The high court affirmed the denial of defendant's motion to dismiss charges.