Filter This View

  • Commonwealth v. Landis

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0650

    Trial court erred in granting new trial based on weight of the evidence challenge where it based its ruling solely on one commonwealth expert witness's testimony and substituted its credibility determinations for that of the jury. Order of the trial court reversed, judgment of sentence reinstated.

  • Gaines v. Superintendent Benner Twp. SCI

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0630

    District court erred in granting defendant's habeas petition asserting ineffective assistance of trial counsel for not objecting to the lack of a no-adverse-inference instruction after defendant chose not to testify and court found trial counsel made a tactical decision that was not objectively unreasonable. Reversed.

  • Commonwealth v Conklin

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0620

    The record demonstrated that defendant's resentencing was not the result of judicial vindictiveness where the trial court simply sought to conform the new aggregate sentence as closely as possible to the intent behind the original aggregate sentence after a misapprehension regarding his original plea. The superior court affirmed.

  • Commonwealth v. Fallon

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0621

    Evidence was sufficient for trial court to find defendant had operated a motor vehicle under the influence of alcohol where defendant had highest rate of intoxication and admitted to police that he had driven to the residence where he was arrested and had consumed alcohol, and his vehicle's engine was still warm. Judgment of sentence affirmed.

  • Commonwealth v. Miller

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0593

    Trial court did not abuse discretion in imposing term-to-life sentence for murder that defendant committed as a juvenile, where trial court expressly considered defendant's mitigating factors and efforts at rehabilitation but found aggravating factors that warranted the sentence. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

    View more book results for the query "*"

  • 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.