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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.

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  • Hill v. Governor of Pennsylvania

    Publication Date: 2024-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 311 M.D. 2022

    Petitioner, sentenced to life imprisonment without parole, argued 61 Pa.C.S. §6137(a)(1) was unconstitutional and that he qualified as a "child" under the Pennsylvania Juvenile Act due to his age of 20 years old at the time of his arrest and low IQ. Court interpreted the petition as one "in the nature of [an] application forpost-conviction relief" and found that given the action was not ancillary to any proceedings within the appellate jurisdiction of the court and court lacked jurisdiction over the petition. Preliminary objections s

  • Commonwealth v. Rendanauer

    Publication Date: 2024-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1631 EDA 2021

    Court quashed commonwealth's appeal from trial court orders acquitting defendant of the charges as double jeopardy barred such an appeal. Appeal quashed.

  • Voneida v. Johnson

    Publication Date: 2023-12-25
    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: 22-1264

    District court erred in denying appellant's §2241 petition because district court had no subject matter jurisdiction since, as a consequence of the holding in Jones v. Hendrix, 143 S.Ct. 1857, appellant had no recourse under §2241. District court's order vacated.

  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
    for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.

  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. Affirmed.