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New York Law Journal

Silence (or Evasion) Implies Sanction: 'People v. Vining'

Joseph D. Nohavicka discusses the recent Court of Appeals holding that broadly imposes an affirmative duty on individuals to speak when confronted with an accusation.
13 minute read

Texas Lawyer

Why I am Honest With my Criminal Defense Clients

Aren't lawyers required to be honest with their clients? Of course. Does that mean lawyers are always completely honest with their clients? Unfortunately, my experience as a criminal defense lawyer indicates that some lawyers may not always be completely candid, especially when trying to get a client to hire them.
13 minute read

New York Law Journal

The People v. Ellison

By | April 10, 2017
Declaring VTL §511(1)(a) Charge Unconverted Denied; Hearsay Exceptions Apply to Records
2 minute read

New York Law Journal

The People v. Dos Santos

By | April 10, 2017
Court Denies Defendant's Motion To Suppress Identity, DMV Records
3 minute read

Daily Business Review

Not Enough Evidence to Move Forward on Trump-Bondi Bribery Complaint

A special prosecutor is ending an investigation into a complaint questioning funds given to Attorney General Pam Bondi after her office failed to act on consumer complaints about Trump University.
8 minute read

The Legal Intelligencer

Commonwealth v. Boniella, PICS Case No. 17-0493 (Pa. Super. March 22, 2017) Lazarus, J. (7 pages).

By | April 07, 2017
Evidence was sufficient to convict appellant on offense of disorderly conduct where witnesses testified that appellant pushed them, was overly loud, and disrupted other occupants of the facility. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Markijohn, PICS Case No. 17-0447 (C.P. Lawrence County March 7, 2017) Cox, J. (13 pages).

By | April 07, 2017
Defendant filed a petition for habeas corpus on the charges of homicide, robbery, theft and receiving stolen property. Victim was found dead in 2014, defendant was interviewed in relation to that incident and then arrested for felony trafficking in Ohio. In investigating victim's death, police found a marijuana grow operation in the basement of the house and a check payable to defendant, signed by victim and dated the day of the incident. Defendant gave conflicting explanations for the check, denied owning a gun even though there was a picture of him with a handgun on his Instagram account, his girlfriend said he told her he "threw the gun" on the day of the incident and detectives found seven pounds of marijuana in defendant's house and defendant's girlfriend said he brought back five pounds of marijuana on the day of the incident. In 2015, the commonwealth filed an information charging homicide, robbery, theft and receiving stolen property.
4 minute read

The Legal Intelligencer

Commonwealth v. Poplawski, PICS Case No. 17-0505 (Pa. Super. March 24, 2017) Ransom, J. (7 pages).

By | April 07, 2017
Trial court erred in ordering restitution that was beyond the jury's verdict in a home improvement fraud case because the jury had all the necessary evidence as to damages before it at the time of trial. Sentence vacated and remanded.
4 minute read

The Legal Intelligencer

Commonwealth v. Brown, PICS Case No. 17-0494 (Pa. Super. March 28, 2017) Moulton, J. (8 pages).

By | April 07, 2017
Trial court erred in imposing separate sentences for rape and involuntary deviate sexual intercourse convictions arising from the same incident of sexual conduct because the statutory elements of both offenses were virtually identical to one another. Judgment of sentence vacated, case remanded for resentencing.
4 minute read

The Legal Intelligencer

Commonwealth v. Porambo, PICS Case No. 17-0399 (C.P. Carbon County Nov. 10, 2016) Serfass, J. (15 pages).

By | April 07, 2017
Defendant filed an omnibus pretrial motion to suppress evidence in her DUI case.
4 minute read

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