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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 515 WDA 2023
Commonwealth appealed the trial court's order denying its request to impanel a death-qualified jury. The court reversed and remanded, holding that the trial court acted outside its legal authority in usurping Commonwealth's ability to seek the death penalty by prohibiting the parties from proffering voir dire questions necessary to death-qualify a jury, and by ruling that there would be no jury deliberations regarding sentencing in a defendant's criminal homicide trial.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 903 OF 2020
Defendant sought post-trial relief after his conviction on charges of murder and criminal conspiracy to commit murder. The court denied defendant's motion, holding in pertinent part that Commonwealth was properly allowed to amend its information to add the charge of criminal conspiracy on the eve of trial where defendant was afforded the opportunity to file a petition for writ of habeas corpus as a means of challenging the evidence in support of the newly-filed charge.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1498 C.D. 2022
Trial court erred in granting civil forfeiture of defendant's vehicle where Commonwealth presented no evidence that defendant regularly used the vehicle as part of his drug transactions to support finding that the vehicle was an instrumentality of defendant's criminal activity. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1734 EDA 2022
Appellant appealed the trial court's judgment of sentence on his jury conviction of rape and related crimes. The court affirmed, holding in pertinent part that the trial court did not violate appellant's rights by posing three brief questions to his crime victim at trial in order to clarify her responses to a question posed by Commonwealth.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1440 C.D. 2021
Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 733 OF 2022
Defendant filed an omnibus pretrial motion that included a motion for writ of habeas corpus and a motion to suppress. The court denied the motions, holding that the search warrant obtained by authorities for an apartment where defendant was known to reside was supported by sufficient probable cause, and the resulting evidence seized, along with other evidence of defendant's conduct, supported Commonwealth's weapons and drug charges.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1245 MDA 2023
Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1419 WDA 2023
Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 36 MAP 2023
Police lacked a basis to arrest for DUI and demand chemical testing where there was no evidence supporting reasonable suspicion that suspect had moved or driven their vehicle while intoxicated, which was necessary to find that driver had "operate[d]" the vehicle. Order of the commonwealth court reversed.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 469 OF 2023
Defendant petitioned for a writ of habeas corpus on Commonwealth's charge of driving under the influence of alcohol or a controlled substance. The court denied the petition, concluding that Commonwealth's evidence was sufficient to establish a prima facie case that defendant was the driver of a vehicle involved in an accident where witnesses stated that he was the driver and he later admitted that this was correct. The court held further that Commonwealth's evidence was sufficient in light of police testimony regarding a strong odor o
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