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The Legal Intelligencer

Mandatory Minimum for DUI Blood Test Refusal Ruled Illegal

In a decision one attorney in the case predicted could "open the floodgates" for similar challenges, the Pennsylvania Superior Court has ruled that a trial judge may not impose a mandatory minimum sentence based on a DUI defendant's refusal to submit to a warrantless blood test.
7 minute read

The Legal Intelligencer

Superior Court Upholds $500K Malicious Prosecution Verdict

The Pennsylvania Superior Court has upheld a $500,000 malicious prosecution verdict awarded to a former employee of a Philadelphia nonprofit who spent over three months in jail over theft charges that were ultimately dismissed.
18 minute read

The Recorder

Okafor v. United States

By | January 13, 2017
4 minute read

The Recorder

Espinoza v. Shiomoto

By | January 13, 2017
4 minute read

The Recorder

In re M.F.

By | January 13, 2017
4 minute read

New York Law Journal

Testimony by NY Man's Family May Be Key at Terrorism Trial

The outcome of Manhattan's first Islamic State-related terrorism trial may hinge on the testimony of family members of a New York college student who died in Syria, a likelihood illustrated last week when a legal fight erupted over photographs that may confirm his death.
5 minute read

New Jersey Law Journal

Death Certificate Changed for NJ Lawyer Found Stabbed

The state medical examiner has changed the manner of death from suicide to "undetermined" on the death certificate of high-powered lawyer John Sheridan Jr., after complaints from family members who contend that an investigation into the deaths of Sheridan and his wife had been botched by the Somerset County Prosecutor's Office.
11 minute read

The Legal Intelligencer

Commonwealth v. Martinez, PICS Case No. 17-0028 (Pa. Super. Dec. 29, 2016) Stevens, P. J. (15 pages).

By | January 13, 2017
Trial court properly convicted appellant of terroristic threats because an express or specific threat was not necessary to sustain a conviction and while the trial court erred in not merging the terroristic threat conviction with the robbery conviction for purposes of sentencing, the reversal did not upset the sentencing scheme of concurrent sentences. Conviction affirmed, sentence affirmed in part and reversed in part.
5 minute read

The Legal Intelligencer

Commonwealth v. Barnes, PICS Case No. 17-0030 (Pa. Dec. 28, 2016) Baer, J., Dougherty, J. (concurring) (14 pages).

By | January 13, 2017
Superior court erred in upholding appellant's sentence because appellant's challenge to his sentence was not waived and the commonwealth conceded that his sentence was unconstitutional under Alleyne v. U.S., 133 S. Ct. 2151. Vacated and remanded.
6 minute read

The Legal Intelligencer

Commonwealth v. Hecker, PICS Case No. 17-0027 (Pa. Super. Dec. 28, 2016) Stevens, P. J. (10 pages).

By | January 13, 2017
Trial court properly convicted inmate of spitting saliva on corrections officer where inmate filed his mouth with water and spat on officer because the testimonial and video evidence supplied sufficient circumstantial evidence to infer that a mixture of water and saliva landed on the officer. Affirmed.
6 minute read

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