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  • Commonwealth v. Evans

    Publication Date: 2019-01-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1583

    Criminal defendant entitled to file nunc pro tunc motion challenging weight of the evidence after trial court failed to advise defendant of his post-sentence rights on the record. Judgment reversed, case remanded.

  • Commonwealth v. Brown

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1555

    Trial court properly exercised discretion to exclude expert testimony on eyewitness identification where the witnesses' identifications were corroborated by substantial independent evidence. Judgment of sentence affirmed.

  • O'Connor v. PA Dep't of Transp.

    Publication Date: 2018-12-25
    Practice Area: Administrative Law | Evidence
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1560

    Trial court properly reinstated licensee's license suspension because the DL-21 form containing the conviction information was electronically transmitted to the department by the clerk of court in accordance with the vehicle code and rule 771(A) and the trial court properly admitted it as prima facie evidence of licensee's DUI conviction. Affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1553

    Sheriff's deputy possessed authority to conduct traffic stop for expired vehicle registration where an expired registration, like operating with privileges suspended or revoked, constituted a breach of the peace and deputies had common law powers to enforce the Vehicle Code. Judgment of sentence affirmed.

  • Commonwealth v. Glass

    Publication Date: 2018-12-18
    Practice Area: Criminal Appeals | Evidence | Telecommunications
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1528

    Defendant's claim, that the memorandum of approval supporting wiretap surveillance of his with a confidential informant was defective, failed where law enforcement articulated reasonable grounds for the wiretap monitoring and the authorizing deputy district attorney personally reviewed the facts of the case and ascertained directly from the confidential informant the voluntariness of his consent. The appellate court affirmed defendant's judgment of sentence.

  • 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

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  • In re: Appeal of Dist. Attorney's Denial of Private Criminal Complaint of Hamelly

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Evidence
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1531

    District attorney did not abuse discretion in disapproving private criminal complaint alleging violation of Wiretap Act by attorney, where client testified she received no advice to perform the communications intercept and where violations were excepted upon reasonable suspicion that the intercepted party had committed a crime of violence and the intercept would reveal evidence of such crime. Order of the trial court affirmed.

  • Commonwealth v. Cannavo

    Publication Date: 2018-12-18
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1527

    Defendant, who shot a man who was standing outside defendant's home from inside the home and through a door, was not entitled to a castle doctrine jury instruction in the absence of evidence establishing the required elements of 18 Pa.C.S. §505(b)(2.2)(iii), including evidence that the victim was attempting to break in. The appellate court affirmed defendant's judgment of sentence.

  • U.S. v. Hester

    Publication Date: 2018-12-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Restrepo
    Attorneys: For plaintiff: Leticia Olivera and K. Anthony Thomas (Office of Federal Public Defender)
    for defendant: Mark E. Coyne and John F. Romano (Office of United States Attorney)
    Case Number: 16-3570

    Sentencing Enhancement Erroneously Applied Where Evidence Insufficient to Find Felon Defendant Possessed Handgun for Evidence Tampering

  • Commonwealth v. Predmore

    Publication Date: 2018-12-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1485

    Dismissal of attempted homicide charge affirmed where commonwealth failed to present prima facie evidence that defendant had formed specific intent to kill the victim. Order of the trial court affirmed.

  • U.S. v. Baroni

    Publication Date: 2018-12-10
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Scirica
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1489

    Government presented sufficient evidence of defendants' fraud by proving their scheme to close access lanes to a local municipal highway in political retaliation cost the Port Authority lost toll revenue and used public employee labor to effect the closure and seized public assets. Judgment affirmed in part and reversed in part.