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The Legal Intelligencer

Cosby, DA Spar Over Cause of 12-Year Delay in Charging

Pointing to a deceased defense lawyer and their client's blindness, attorneys for Bill Cosby argued Wednesday that the charges against him were brought too late and should be dropped.
10 minute read

New York Law Journal

Khawar v. USA

By | November 02, 2016
Right to File 28 USC §2255 Petition Waived, Ineffective Counsel Claim Lacks Merit
3 minute read

Daily Business Review

Audio Captures Police Strategizing About Nightclub Shooter

Police negotiators talking to the Orlando nightclub gunman at first weren't sure if the person they had on the phone was actually in the Pulse nightclub, according to audio recordings.
7 minute read

The Legal Intelligencer

Commonwealth v. Easter, PICS Case No. 16-1285 (C.P. Lycoming Sept. 29, 2016) Lovecchio, J. (6 pages).

By | November 01, 2016
A traffic stop for an apparently unilluminated license plate and failure to use a turn signal within 100 feet was used as a pretext for a search of the vehicle, after the arresting officers recognized the driver from a previous stop for driving under the influence of marijuana. Following a search of the vehicle, the driver was charged with driving under the influence of a controlled substance, possession of marijuana and drug paraphernalia. The defendant filed an omnibus pretrial motion on grounds that the stop and arrest were unconstitutional and to suppress evidence from the search. Testimony about the reason for the stop was found inconsistent with the dash-camera video, which led to the finding that the state had not met is burden of proof, and the granting of defendant's motion.
7 minute read

The Legal Intelligencer

Commonwealth v. Griffin, PICS Case No. 16-1301 (Pa. Super. Oct. 18, 2016) Stevens, J. (9 pages).

By | November 01, 2016
The imposition of consecutive "second-strike" mandatory minimum sentences was proper where the Sentencing Code required imposition of the second-strike enhancement on every enumerated crime of violence. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Hill, PICS Case No. 16-1302 (Pa. Super. Oct. 20, 2016) Solano, J. (10 pages).

By | November 01, 2016
Appellant's PCRA petition was properly denied for failure to satisfy the three-pronged test for ineffective assistance of counsel. Order of the PCRA court affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Matias, PICS Case No. 16-1283 (C.P. Lehigh Oct. 13, 2016) Steinberg, J. (8 pages).

By | November 01, 2016
A legal permanent resident was convicted of possession with intent to deliver a controlled substance. The petitioner alleged that his counsel did not inform him, prior to entering his guilty plea, that he was at risk of deportation, and because of the ineffectiveness of his counsel, he entered a plea that was involuntary, unknowing or unintelligent. Petitioner sought post-conviction relief. On its review, it became clear to the court that petitioner's counsel could not remember relevant details of discussing the immigration issues, and even the informally completed guilty plea colloquy. The court found that petitioner met his burden on each of the three factors for ineffective counsel and granted his petition, knowing that it might only delay the deportation process.
7 minute read

New York Law Journal

USA v. Sergentakis

By | November 01, 2016
Involuntary Antipsychotic Medication To Restore Trial Competence Is Granted
3 minute read

New York Law Journal

Granados v. Singas

By | November 01, 2016
Habeas Application Time-Barred Under AEDPA; Appeal Delay Undermined Innocence Claim
3 minute read

New York Law Journal

The People v. Jones

By | November 01, 2016
Educator Denied Dismissal of Drunk Driving Charges in Furtherance of Justice
3 minute read

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