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The Recorder

People v. Financial Casualty and Surety, Inc.

C.A. 1st; A145568 The First Appellate District reversed a judgment. The court held that the trial court erred in denying a surety’s motion to set…
5 minute read

The Recorder

United States v. Van Dyck

9th Cir.; 16-10160 The court of appeals affirmed a district court order. The court held that relators’ filing of a qui tam action did not give…
5 minute read

The Recorder

People v. Brown

C.A. 3rd; C078620 The Third Appellate District affirmed a judgment. The court held that even though a human trafficking victim was shielded from prosecution…
3 minute read

National Law Journal

Jenner Lawyers Attack 'Uber Tax Crime Law' in New High Court Term

Jenner & Block's Matthew Hellman will oppose the government this term in "Marinello v. United States" in which he argues the government is using an "omnibus" clause in the tax code as an "uber tax-crime statute."
11 minute read

Daily Report Online

'I Would Avoid Blacks on This Jury': Will a Secret Memo See a Murder Case Overturned?

Attorney Stephen Reba found the memo amid a sheaf of loose papers in one of 10 banker boxes left over from the 2007 murder trial of a coastal Georgia physician.
8 minute read

The Legal Intelligencer

Commonwealth v. Parsons, PICS Case No. 17-1222 (Pa. Super. July 14, 2017) Olson, J. (14 pages).

Trial court could not require defendant undergo Court Reporting Network evaluation as a condition of bail, as trial court was statutorily limited to imposing nonmonetary conditions of bail aimed solely at ensuring defendant's continued appearance and preventing violation of standard conditions of bail. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Commonwealth v. Waugaman, PICS Case No. 17-1224 (Pa. Super. July 13, 2017) Olson, J. (6 pages).

A work-release prisoner's failure to go to work after being released to do so and having his whereabouts unknown for a majority of his absence from prison constituted a sufficiently significant deviation from the route of travel to constitute the offense of escape. Judgment of sentence affirmed.
3 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-1225 (Pa. Super. July 18, 2017) Dubow, J. (9 pages).

Penalty provisions of sex offender registration statute did not violate Ex Post Facto Clause, where defendant had failed to comply with registration requirement after the legislature had already criminalized such failure. Judgment of sentence affirmed.
2 minute read

The Legal Intelligencer

Commonwealth v. Cruz, PICS Case No. 17-0719 (Pa. Super July 18, 2017) Stevens, J. (16 pages).

The suppression court appropriately denied defendant's motion to suppress a handgun seized by police from a public bathroom in a barbershop where defendant worked since he failed to establish a subjective expectation of privacy such that the warrantless police entry implicated his own personal privacy rights. The court affirmed defendant's judgment of sentence.
3 minute read

The Legal Intelligencer

Commonwealth v. King, PICS Case No. 17-0713 (Pa. Super July 12, 2017) Fitzgerald, J. (17 pages).

The Post Conviction Relief Act court appropriately granted defendant a preclusion order since the private interview prosecutors sought with defendant's trial counsel could easily have become a freewheeling inquiry into privileged matters falling outside the scope of defendant's claim of ineffective assistance of counsel. The court affirmed an order of preclusion.
6 minute read

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