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New Jersey Law Journal

State v. Robertson

By | March 16, 2017
Stays of DWI License Suspensions Subject to Different Standards
5 minute read

The Legal Intelligencer

Commonwealth v. Markun, PICS Case No. 17-0325 (Pa. Super. Feb. 27, 2017) Musmanno, J. (15 pages).

By | March 16, 2017
Defendant waived her assertion for immunity from prosecution for possession of a controlled substance by failing to assert immunity in the trial court in a pretrial motion, as statutory entitlement to immunity did not serve to divest the trial court of jurisdiction. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Hudson, PICS Case No. 17-0323 (Pa. Super. Feb. 24, 2017) Stevens, J. (11 pages).

By | March 16, 2017
A PCRA challenge to the legality of a less-than-life sentence was untimely where the "newly-recognized constitutional right" exception --specifically with respect to the U.S. Supreme Court's retroactive extension of Miller v. Alabama--was not met because Miller's holding applied to life sentences. Order of the PCRA court affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-0259 (C.P. Lycoming, Feb. 6, 2017) Lovecchio, J. (27 pages).

By | March 16, 2017
Sufficient evidence was found to support the verdict in this murder case. The court denied all of defendant's post-sentencing motions.
6 minute read

The Legal Intelligencer

Commonwealth v. Vandyke, PICS Case No. 17-0328 (Pa. Super. March 1, 2017) Bowes, J. (17 pages).

By | March 16, 2017
A court was only permitted to determine the applicability of an out-of-state offense under the elements test rather than a facts-of-the-offense test, and where the prior convictions enhancement provision merely required offenses be similar rather than identical or equivalent. Judgment of sentence vacated, case remanded.
7 minute read

The Legal Intelligencer

Commonwealth v. Gross, PICS Case No. 17-0322 (Pa. Super. Feb. 28, 2017) Lazarus, J. (13 pages).

By | March 16, 2017
Prosecution of an offense of lending or giving of firearms prohibited was barred under double jeopardy by a prior federal conviction for false statements to a federal firearm licensee. Order of the trial court reversed, case dismissed.
6 minute read

The Legal Intelligencer

Commonwealth v. Orlando, PICS Case No. 17-0326 (Pa. Super. Feb. 28, 2017) Ford Elliott, J. (14 pages).

By | March 16, 2017
Counsel was not ineffective for advising appellant to plead guilty to corrupt organization charge, where his racketeering activity included the distribution and sale of cocaine, a Schedule II controlled substance, prohibited under the Drug Act. Order of the PCRA court affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Islas, PICS Case No. 17-0324 (Pa. Super. Feb. 24, 2017) Moulton, J. (17 pages).

By | March 16, 2017
The trial court erred in denying a presentence motion to withdraw a guilty plea where it evaluated whether withdrawal was necessary to prevent manifest injustice. Judgment of sentence vacated, case remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Schulze, PICS Case No. 17-0293 (C.P. Lackawanna Feb. 17, 2017) Nealon, J. (69 pages).

By | March 16, 2017
An off-duty police officer involved in a fatal shooting was not entitled to present evidence regarding the necessity of deadly force where the evidence indicated the victim was unarmed and fled the scene, allowing defendant to safely retreat.
5 minute read

The Legal Intelligencer

Commonwealth v. Reese, PICS Case No. 17-0327 (Pa. Super. Feb. 27, 2017) Platt, J. (18 pages).

By | March 16, 2017
Evidence was sufficient to convict appellant for violation of a protective order prohibiting him from obtaining information relating to a grand jury investigation. Judgment of sentence affirmed.
7 minute read

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