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  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

  • Estate of Roman v. City of Newark

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0163

    District court erred in dismissing appellant's §1983 claims against the city and police officers alleging a policy of unconstitutional searches, inadequate training and poor supervision and discipline based on the warrantless search of an apartment because appellant sufficiently alleged municipal liability against the city for inadequate police training, discipline and supervision. Vacated.

  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.

  • Commonwealth v. Natividad

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Discovery | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0125

    Brady violation was not prejudicial where commonwealth presented overwhelming evidence of defendant's guilt, including evidence linking a prior carjacking, the carjacking victim's identification, other eyewitnesses known to defendant identifying him as the perpetrator, and defendant's prior possession of the murder weapon. Order of the PCRA court affirmed.

  • U.S. v. Goldstein

    Publication Date: 2019-02-04
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Roth
    Attorneys: For plaintiff: Aidan P. O'Connor (Pashman Stein Walder Hayden)
    for defendant: Mark E. Coyne, Norman Gross and Glenn J. Moramarco (Office of United States Attorney)
    Case Number: 15-4094

    CSLI Obtained Without Warrant Admissible Where Government Acted in Good Faith By Obtaining SCA Court Order

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  • Commonwealth v. Peck

    Publication Date: 2019-01-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0081

    Evidence was sufficient to convict on drug delivery resulting in death charge even though delivery occurred outside of Pennsylvania where victim returned to Pennsylvania to consume drugs, which resulted in the victim's death. Judgment of sentence affirmed.

  • In the Interest of: S.L., a minor

    Publication Date: 2019-01-29
    Practice Area: Civil Procedure | Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0085

    Trial court erred in denying mother opportunity to call witnesses to rebut presumption that mother was the perpetrator of child abuse that caused injuries that would not have occurred but for mother's acts or omissions. Order of the trial court reversed, case remanded.

  • Commonwealth v. Soto

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0024

    Convictions for assault, disarming a police officer, and resisting arrest affirmed where police had reasonable suspicion to detain defendant for hit-and-run due to his flight from the accident scene and where evidence showed defendant attempted to take the arresting officer's taser and threw multiple punches. Judgment of sentence affirmed.

  • Commonwealth v. Baker

    Publication Date: 2019-01-15
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0017

    The evidence at trial and the statutory language in 18 Pa.C.S. §3101 supported defendant's conviction for rape by forcible compulsion where he shot and killed the victim and then had sexual intercourse with her, as time of the victim's death was not dispositive. The appellate court affirmed defendant's judgment of sentence.

  • Bayview Loan Servicing, LLC v. Whittenberg

    Publication Date: 2019-01-08
    Practice Area: Civil Procedure | Evidence | Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1062

    The court was without jurisdiction to address defendant debtor's latest motion to set aside a sheriff's sale where the underlying mortgage foreclosure action was discontinued under Pa.R.Civ.P. 229 after the subject property was sold and plaintiff's judgment satisfied. The trial court recommended affirmance.