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  • Commonwealth v. Strunk

    Publication Date: 2024-11-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 96 MAP 2023

    Mere physical touching was insufficient to support conviction for unlawful contact with a minor where legislative history of the statute indicated the legislature intended to outlaw verbal or written communication with a minor intended to facilitate an illegal sex act or other unlawful activity. Order of the superior court vacated.

  • United States v. Stimpson

    Publication Date: 2024-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3333

    The court affirmed appellant's convictions and sentences for Hobbs Act robbery and interstate transportation of stolen goods.

  • United States v. Green

    Publication Date: 2024-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2476

    District court's denial of appellant Green's severance motion was improper because Green and co-defendant Murphy presented mutually antagonistic defenses, Murphy inculpated Green in a federal investigation during his testimony and the risk of prejudice was quite high. Reversed.

  • United States v. Hughes

    Publication Date: 2024-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1756

    Appellant's convictions of two Hobbs Act robberies and two gun charges pursuant to 18 U.S.C. § 924(c) were affirmed despite a finding that the district court erred in giving a jury instruction that an attempted Hobbs Act robbery was a crime of violence.

  • Williams v. Superintendent Greene SCI

    Publication Date: 2024-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2053

    The court remanded for the issuance of a writ of habeas corpus, holding that the reading of appellant's co-defendant's entire and unredacted criminal information was contrary to clearly established Supreme Court precedent that plea allocutions and confessions are testimonial.

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  • Commonwealth v. Ellis

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 742 MDA 2023

    Defendant appealed the trial court's judgment of sentence imposing a life term on defendant's jury conviction for murder and related crimes. The court affirmed, holding that the trial court did not violate defendant's right to remain silent by directing defendant to remove nonprescription eyeglasses that defendant wore during his jury trial.

  • United States v. Davitashvili

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1024

    Appellant appealed his conviction for violating the federal threats statute, contending his threats to injure "others" were constitutionally protected speech, and court found his threats toward "others" were sufficiently particularized and, even if error occurred, it would not have been obvious, would not have affected appellant's substantial rights or the fairness, integrity or reputation of the proceedings. Affirmed.

  • United States v. Stewart

    Publication Date: 2024-02-23
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3014

    District court properly denied defendant's motion to suppress evidence found in a vehicle search because trooper had reasonable suspicion of criminal activity when he extended the length of the stop and sent for a drug detection dog. Affirmed.

  • Commonwealth v. Hinds

    Publication Date: 2024-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1602 EDA 2022

    Trial court properly rejected defense of others justification where defendant attacked unarmed person with a deadly weapon, and thus could not reasonably believe that protectee faced imminent risk of severe injury or death and used unreasonable force to protect the other person. Convictions affirmed, judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Falcey

    Publication Date: 2024-02-16
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1541 EDA 2023

    Appellant's counsel filed a petition to withdraw and a supporting Anders brief. The court denied the petition where counsel presented an impermissible hybrid advocate's/no-merit brief that identified a potentially meritorious issue on appeal.