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The Legal Intelligencer

Commonwealth v. Kearns, PICS Case No. 16-1388 (Pa. Super. Nov. 7, 2016) Stevens, J. (13 pages).

By | November 18, 2016
The trial court's upward departure of sentence within statutory maximums for a conviction for theft by failure to make required disposition of funds was supported by its finding that such a sentence was supported by the significant public harm caused by appellant's criminal acts. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. McLaine, PICS Case No. 16-1387 (Pa. Super. Nov. 7, 2016) Stevens, J. (14 pages).

By | November 18, 2016
Sentence outside aggravated range for theft by failure to make disposition of funds conviction was proper where trial court relied on prior findings of the significant negative impact of appellant's criminal activity to the public at large and appellant's continued failure and refusal to make restitution. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Yale, PICS Case No. 16-1386 (Pa. Super. Nov. 10, 2016) Ott, J. (16 pages).

By | November 18, 2016
The trial court improperly permitted rebuttal expert testimony to offer opinion on causation of the victim's death, even though such testimony could have been given in the commonwealth's case-in-chief. Judgment of sentence affirmed.
7 minute read

The Legal Intelligencer

Commonwealth v. Kutchera, PICS Case No. 16-1376 (C.P. Carbon Oct. 31, 2016) Nanovic, P.J. (memorandum) (20 pages).

By | November 18, 2016
A defendant who volunteered for multiple rounds of addiction therapy to turn his life around sought credit for the additional treatment time. The question before the court was whether a defendant was entitled to such credit or whether it was in the court's jurisdiction, and the importance of choice without court encouragement and the nature/extent of any restrictions on a resident of a treatment facility. The court found the award of credit in the present case within its discretion, not automatic, and found the nature of the additional facilities insufficiently representative of custody to qualify for additional credit.
7 minute read

New York Law Journal

Green v. USA

By | November 18, 2016
Plea Agreement Bars 28 USC §2255 Relief; No Evidence Lawyer, Prosecutor Induced Plea
3 minute read

The Legal Intelligencer

Ex-Lawyer Whose Sex Club Plan Became Murder Plot Fails on Appeal

A now-disbarred Bucks County attorney who pled guilty to plotting the kidnapping and murder of the resident of a home he hoped to turn into a sex club, as well as scheming to defraud insurers by staging auto accidents, unsuccessfully appealed the denial of his Post-Conviction Relief Act petition.
10 minute read

New York Law Journal

New Trial for Man Who Confessed to Fatal Shooting

An appeals court has ordered a new trial for man who, without an attorney present, told police that he was the getaway driver in a fatal 2010 shooting in Nassau County and was convicted of murder.
4 minute read

Daily Report Online

Judge Dismisses Long-Pending Charges Against EMC Executive

After years of prosecution, multiple appeals and decades of disputes, a judge has thrown out the remnants of a criminal case against former Cobb Electric Membership Cooperative CEO Dwight Brown.
6 minute read

The Recorder

Fue v. Biter

By | November 17, 2016
4 minute read

New York Law Journal

Garcia v. Superintendent of Great Meadow Correctional Facility

By | November 17, 2016
Prior Petitions' Dismissal as 'Incomprehensible' 'On Merits' for Successive §2254 Bid Purposes
3 minute read

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