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  • Commonwealth v. Nestor

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 460 EDA 2023

    Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.

  • Commonwealth v. Santiago-Burgos

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 573 MDA 2023

    Appellant appealed the trial court's judgment of sentence following his jury conviction on three counts of possession with the intent to deliver a controlled substance and related crimes. The court affirmed, holding that the trial court did not err in allowing Commonwealth to introduce at trial photographic evidence of appellant's chest tattoo, which depicted a scale, drugs and money.

  • In re: Edwards

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Montgomery-Reeves
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-2229

    First Step Act resentencing did not constitute a new, intervening judgment entitling defendant to file a §2255 motion because First Step Act relief was a matter of legislative grace and did not affect the validity of the underlying judgment. Defendant's motion denied.

  • United States v. Chu

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chung
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1375

    Alice Chu appealed her conviction.

  • United States v. Davenport

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-480

    Defendant moved to dismiss his criminal indictment on speedy trial grounds. Motion granted.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.

  • Commonwealth v. Wright

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 124 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered after his jury conviction on charges of kidnap to facilitate a felony, robbery, and making terrorist threats. The court affirmed, holding that appellant's conviction was not against the weight of the evidence where his victim identified him by his eyes and other evidence linked him to the crimes charged. The court held further that the victim's voice identification of appellant was admissible at trial despite the fact that police played only a single voice sample for th

  • Commonwealth v. Baker

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 261 MDA 2023

    Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.

  • Robinson v. Sec'y, Pennsylvania Dep't of Corr.

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-9001

    District court properly denied habeas in defendant's challenge to trial judge's statement about changes to the law of parole at his sentencing hearing and court found appellant would not have been eligible for parole and trial judge instructed jury that he was not eligible for parole, which was sufficient. Motion denied.

  • Commonwealth v. Branthafer

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1745 MDA 2022

    Established jurisprudence held that the Post Conviction Relief Act time-bar was jurisdictional, and applying a jurisdictional limitation was not unconstitutional where the PCRA had mechanisms to allow defendants to assert ineffective assistance of PCRA counsel claims. Order of the PCRA court affirmed.