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The Legal Intelligencer

Commonwealth v. McGriff, PICS Case No. 17-0659 (Pa. Super. April 21, 2017) Stevens, J. (78 pages).

Circumspect references to a defendant's pre-arrest silence were admissible where it was not admitted to argue or to create an inference of an admission of guilt, and was instead offered to refute specific testimony from defendant and to rebut defense arguments. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Rotola, PICS Case No. 17-0348 (C.P. Monroe Jan. 17, 2017) Patti-Worthington, P.J. (11 pages).

A criminal defendant who did not steal property but participated in the chain of events associated with the theft could be sentenced within the aggravated range, particularly where he had a prior record of similar criminal behavior, and his conduct placed community members in fear. The court did not err in refusing to reduce a restitution award where it served a rehabilitative purpose.
5 minute read

The Legal Intelligencer

Commonwealth v. Rashid, PICS Case No. 17-0660 (Pa. Super. April 21, 2017) Stevens, J. (20 pages).

Fifth Amendment privilege barred defense's questioning whether a witness had ever been involved in a drug trafficking organization where the question was asked to prove the witness' motive to murder the victim. Judgment of sentence affirmed.
7 minute read

The Legal Intelligencer

Commonwealth v. Tchirkow, PICS Case No. 17-0661 (Pa. Super. April 21, 2017) Stevens, J. (13 pages).

Appellant could not appeal from denial of his petitions for appointment of PCRA counsel and request for trial transcripts and records, where such orders were made while appellant's PCRA petition was pending and thus were nonappealable, nonfinal orders. Appeal quashed.
5 minute read

Litigation Daily

When Laughing During a Congressional Hearing Is a Crime—But a Police Shooting Is Not

The same day that Justice Department lawyers won a criminal conviction against Desiree Fairooz for laughing during the confirmation hearing of Attorney General Jeff Session, they also announced that they didn't have enough evidence to bring charges against the Louisiana police officers involved in the shooting death of Alton Sterling. Is this how it's going to be, Mr. Attorney General?
4 minute read

New York Law Journal

Perez v. USA

Sentence Denied §2255 Vacatur; Rights Under Sixth Amendment Not Violated
3 minute read

New York Law Journal

Lopez v. USA

Sentences Denied §2255 Relief Under 'Allyne'; Ineffective Assistance Claim Is Meritless
3 minute read

New York Law Journal

The People v. Atkins

Instrument May Properly Allege Single Offense Committed Over Greater Period of Time
3 minute read

Daily Business Review

Ex-Chief of Staff Gave Brown Cash, Blank Checks From Charity

Former U.S. Rep. Corrine Brown's ex-chief of staff testified that he gave her a steady stream of blank checks and cash from the account of a purported scholarship fund for poor kids that federal prosecutors say she used to fund a lavish lifestyle, including parties in her own honor and shopping trips.
8 minute read

Daily Business Review

Judge Rips USF Coach Charlie Strong for Behavior of Players

A judge presiding over the first appearance of a South Florida football player charged with sexual battery not only had harsh words for the athlete in court, but questioned whether new coach Charlie Strong is a good fit for the program.
6 minute read

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