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The Recorder

Petrocelli v. Baker

9th Cir.; 14-99006 The court of appeals affirmed in part and reversed in part the district court’s denial of a petition for writ of habeas corpus.…
3 minute read

New Jersey Law Journal

Picatinny Abuse Sentence 'Defies Common Sense,' Appeals Judge Says

Sentencing for state-law criminal offenses in federal court is no simple matter, as an appeals court's split ruling vacating sentences in a horrific child abuse case shows.
10 minute read

New York Law Journal

Lawyer for Sentenced Judge in Rochester Files Appeal

The lawyer for Rochester City Court Judge Leticia Astacio, who received a 60-day jail sentence and three years of probation on a driving while intoxicated charge has filed an appeal of the sentence.
2 minute read

New York Law Journal

Panel Faults Prosecutors in Granting New Trial

A man serving a 25-year sentence will get a new trial because Bronx prosecutors failed to obtain leave from the court before re-presenting his case to a grand jury, leading to an unlawful murder charge, an appeals court has ruled.
4 minute read

New York Law Journal

Criminal Defense and a Free Press

They teach us in school how the three branches of government in the Constitution check and balance one another. The Bill of Rights, however, has two other checks and balances in place: The First Amendment guarantees us the freedom of the press and the Sixth Amendment guarantees us the assistance of counsel in criminal prosecutions.
3 minute read

The Legal Intelligencer

Owners of Defunct Hospice to Pay $8.8M Over False Claims

The owners of a now-defunct Philadelphia hospice have agreed to pay $8.8 million to settle claims that they received taxpayer money for services that were either unnecessary or never provided, federal prosecutors announced Thursday.
4 minute read

New Jersey Law Journal

'Runner' Scheme Means Prison for NJ Brothers

Two Colts Neck brothers have been sentenced to six-and-a-half-year prison terms for operating an insurance fraud ring in which they paid "runners" to recruit car crash victims as patients for chiropractic facilities they owned and operated.
6 minute read

The Legal Intelligencer

Commonwealth v. Kline, PICS Case No. 17-1001 (Pa. Super. June 16, 26, 2017) Bender, J. (11 pages).

The trial court did not err in sentencing defendant to a mandatory minimum sentence for violating the Solid Waste Management Act where the sentencing provision of the act did not require proof of any additional elements of a crime and, thus, did not run afoul of the holding in 'Alleyne v. U.S.' The court affirmed the trial court's judgment of sentence.
5 minute read

The Legal Intelligencer

Commonwealth v. Koch, PICS Case No. 17-0931 (C.P. Lycoming May 11, 2017) Butts, J. (5 pages).

The court deferred decision on defendant's constitutional challenges to the retroactive application of the lifetime registration requirement in the State Offender Registration and Notification Act given the Pennsylvania Supreme Court's recent grant of appeal in three cases challenging the same statute. The court denied defendant's motion for relief nunc pro tunc without prejudice.
3 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-1003 (Pa. Super. June 13, 2017) Stevens, P.J. (15 pages).

Trial court erred in suppressing evidence found in hotel room where appellee told police he was staying in a different hotel room, presented no evidence that he rented or was occupying the searched room, the hotel had no registry information for the searched room and the hotel manager was unable to provide any information as to who rented or occupied the searched room. Reversed.
6 minute read

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