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Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Montgomery-Reeves
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3508
District court erred in holding appellant did not qualify for relief under Rehaif v. U.S., 139 S.Ct. 2191, because his 2019 28 U.S.C. §2255 motion was second or successive since Rehaif announced a new rule that was substantive and retroactive. Vacated and remanded.
Publication Date: 2024-05-03
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 1309 CD 2023
Defendant appealed the court's order denying his appeal of the denial of his petition to open a municipal court's entry of default judgment in a landlord-tenant action. The court concluded that its order should be affirmed where defendant offered no justifiable excuse for failing to appear at the municipal court's scheduled hearing on plaintiff's landlord-tenant complaint.
Publication Date: 2024-05-03
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 50319 OF 2023, C.A.
The court denied defendant homeowners' preliminary objections in contractor's suit for nonpayment and mechanics' lien.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 99-348-2
Appellant moved to set aside or correct his sentence under 28 U.S.C. §2255 and court found his attempted bank robbery counts could take place without violence and his sentence predicated on his attempted armed bank robberies had to be vacated. Motion granted.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1430 MDA 2023
Appellant appealed the trial court's order denying his petition for post-conviction relief. The court affirmed, holding that appellant did not receive ineffective assistance of counsel where his trial attorney recommended that he accept a favorable plea deal immediately before trial instead of pursuing a speedy trial motion that was unlikely to succeed in light of an adverse judicial ruling that Rule 600 computations were suspended during the COVID-19 pandemic.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen
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Publication Date: 2024-05-03
Practice Area: Government
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 02601
The court recommended affirmance of its preliminary injunctive order against the City of Philadelphia enjoining it from interfering with or causing interruption in the business of plaintiff's drinking establishment.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 1315 MDA 2023
Appellant appealed the trial court's judgment of sentence, which imposed a "no alcohol" probation condition at the conclusion of probation revocation proceedings. The court held that the trial court acted within its discretion in imposing a "no alcohol" condition on appellant's probation after appellant relied on alcohol to commit probation violations.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1103 EDA 2023
Appellant appealed the trial court's judgment of sentence on her bench trial conviction for driving under the combined influence of alcohol and a drug or drug combination. The court vacated appellant's conviction, holding that evidence was insufficient to support appellant's conviction where a police officer merely saw a "wet" cigarette in appellant's vehicle during an encounter in an area known for drug trafficking.
Publication Date: 2024-05-03
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 18-2689
Court declined to impose a definite temporal threshold to evidence supporting a Monell claim arising from police misconduct. Defendant's motions in limine denied in part and granted in part.
Publication Date: 2024-05-03
Practice Area: Bankruptcy
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-mc-00136-JMG
Court denied motion to withdraw reference to bankruptcy court where non-core claims were intertwined with the core bankruptcy claims and transfer to district court would not foster judicial economy. Motion to withdraw reference denied.
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