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The Recorder

United States v. Perez-Silvan

9th Cir.; 16-10177 The court of appeals affirmed a judgment of sentence and dismissed an additional appeal. The court held that the defendant’s…
2 minute read

The Recorder

United States v. Calvillo-Palacios

9th Cir.; 16-10039 The court of appeal affirmed a judgment of sentence and dismissed an appeal from an additional sentencing order. The court held that…
4 minute read

The Legal Intelligencer

Uncertainty Reigns After Williams Resignation

Shock and relief may have been the emotions immediately experienced by prosecutors and members of the defense bar June 29 after former District Attorney Seth Williams abruptly pleaded guilty midway through his corruption trial and resigned, but now attorneys in Philadelphia's criminal justice system are left wondering what comes next.
5 minute read

The Recorder

Google Loses Another Round in Fight Over Foreign-Stored Data

A Wisconsin federal magistrate judge has become the latest to rule that forcing Google to hand over email data stored overseas doesn't amount to an extraterritorial application of the law.
5 minute read

The Legal Intelligencer

Supreme Court Says Dashcam Footage Is Public—Usually

The public is entitled to access footage from police "dashcams" under Pennsylvania's Right-to-Know Law if the recordings aren't part of an investigation, the Pennsylvania Supreme Court has ruled in a divided opinion.
7 minute read

The Legal Intelligencer

Commonwealth v. Banks, PICS Case No. 17-0971 (Pa. Super. June 12, 2017) Moulton, J. (9 pages).

Trial court erred in granting motion to suppress based on investigatory detention unsupported by reasonable suspicion where such a basis to suppress was not asserted by defendant, who instead simply challenged the lack of reasonable suspicion for the subsequent search. Order of the trial court reversed, case remanded.
3 minute read

The Legal Intelligencer

Commonwealth v. Wendel, PICS Case No. 17-0973 (Pa. Super June 7, 2017) Stevens, J. (14 pages).

The commonwealth did not act without due diligence in violation of Pa. R. Crim. P. 600 where a witness, the affiant and lead investigator in this criminal case, became unavailable due to circumstances beyond the commonwealth's control. The court affirmed a trial court order denying defendant's motion to dismiss.
3 minute read

The Legal Intelligencer

In the Interest of RK, PICS Case No. 17-0929 (C.P. Lycoming Jun. 8, 2017), McCoy, J. (6 pages).

Evidence of drug paraphernalia obtained from a warrantless search of a juvenile's backpack was inadmissible, because the juvenile did not consent to the search and none of the search warrant exceptions applied. The court granted the juvenile's motion to suppress.
3 minute read

The Legal Intelligencer

Commonwealth v. Knox, PICS Case No. 17-0972 (Pa. Super June 5, 2017) Panella, J. (11 pages).

The record established that the juvenile defendant had mental health issues and suffered through a very difficult childhood; however, there was no indication that the trial court completely disregarded defendant's circumstances when it imposed a 35-year prison term after his conviction for second-degree murder. The court affirmed the trial court's judgment of sentence.
5 minute read

The Legal Intelligencer

Commonwealth v. Hall, PICS Case No. 17-0926 (C.P. Lycoming May 11, 2017) Lovecchio, J. (7 pages).

An expert witness was allowed to testify regarding eye witness identification where the proffered testimony was relevant to the identification issue in the proceeding, and the expert's report included an explanation of how her testimony would assist the jury in its evaluation. The court denied the commonwealth's motion in limine.
2 minute read

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