• McDaniel v. The State

    Publication Date: 2019-02-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Rodriguez A. McDaniel, Helena, for appellant.
    for defendant: Joshua Bradley Smith, Henry Wayne Syms, Jr., (Augusta Judicial Circuit District Attorney's Office), Augusta, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.

    Case Number: S18A1145

    Murder defendant cannot relitigate the same issues on appeal

  • People v. Murray

    Publication Date: 2019-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry: Legal Services
    Court: Appellate Division, Second Department
    Judge: Presiding Justice Mark Dillon
    Attorneys: For plaintiff: For Appellant: Lynn W. L. Fahey of counsel, Paul Skip Laisure, New York, NY.
    for defendant: For Respondent: John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Kathleen Halliday on the brief Richard A. Brown, District Attorney.

    Case Number: 2017-08647

    'Anders' Brief Not Deficient for Failure to Identify, Analyze Waiver of Right to Appeal

  • The Recorder

    Bezos-National Enquirer Skirmish Reminds Lawyers to Think Twice Before Sending Demand Letters

    February 20, 2019

    Staying on the right side of the 'Flatley' line in an era of social media publicity and a daily barrage of celebrity and political gossip can require finesse. Aggressive demand letters surely have their place, but lawyers and clients should be careful to stick to the facts of the alleged injury when building up leverage.

  • Commonwealth v. Cryan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0175

    The trial court properly concluded that defendant's New York conviction for tampering with a witness was not substantially similar to the Pennsylvania crime of intimidation of a witness such that he was not subject to charges for possession of a firearm by persons prohibited under 18 Pa.C.S. §6105(a)(1). The appellate court affirmed an order dismissing charges.

  • Commonwealth v. Martinez

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0174

    Defendant, who elected to plead guilty to charges of unlawfully possessing a firearm, was bound by the statements he made in open court while under oath; thus, he could not assert grounds for withdrawing his plea which contradicted the statements he made at his plea colloquy. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Ballance

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0176

    Where defendant filed an untimely petition for relief under the Post Conviction Relief Act, the PCRA court had no jurisdiction to restore defendant's direct appeal rights nun pro tunc via the untimely petition. The appellate court dismissed defendant's appeal from an order denying him post-conviction relief.

  • Commonwealth v. Finnegan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0173

    Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.

  • Commonwealth v. Finnegan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0173

    Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.

  • New York Law Journal

    Sealing Records Not Mandatory for Persons Acquitted on Insanity Pleas, Court of Appeals Rules

    February 19, 2019

    The decision was based partly on a legislative scheme enacted nearly four decades ago in New York that governs how state courts will manage defendants who plead not responsible by reason of mental illness or disability.

  • Daily Report Online

    Lawyer Who Won Supreme Court DUI Case: 'Straight Black-Letter Law'

    February 19, 2019

    Gregory Willis said the ruling that overturned a lower court was just a matter of asking the justices to leave 100 years of constitutional law intact.