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  • Commonwealth v. Garcia-Pagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CR-685-2023

    Commonwealth appealed the court's grant of appellee's motion to suppress evidence and petition for writ of habeas corpus. The court concluded that its order granting appellee's pretrial motions should be affirmed where an arresting officer unduly extended appellee's detention based on nothing more than a hunch and appellee's brief scuffle with the officer to avoid being handcuffed did not rise to the level of resisting arrest.

  • Commonwealth v. Hagan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 872 WDA 2022

    Where retroactive application of registration requirements under Megan's Law III did not constitute an ex post facto violation, a challenge to a sentence for failure to register was properly cognizable under the Post Conviction Relief Act and thus untimely due to the lack of applicable exceptions to the time bar. Order of the trial court affirmed.

  • United States v. Caraballo

    Publication Date: 2023-12-25
    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: 22-1976

    District court properly found the serious bodily injury enhancement under §2A2.2(b)(3)(B) applied where victim was stabbed three times by a five-inch metal shank and had a broken jaw. Affirmed.

  • United States v. Caraballo

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Montgomery-Reeves
    Attorneys: For plaintiff: Gino A. Bartolai, Jr., Pittston, PA for appellant.
    for defendant: Gerard M. Karama, Robert J. O’Hara, Office of the United States Attorney, Scranton, PA for appellee.
    Case Number: 22-1976

    Multiple stab wounds, including one to the chest, plus a broken jaw constituted injuries severe enough to meet the definition of "serious bodily injury" as defined by the Commentary to the Sentencing Guidelines.

  • United States v. Jordan

    Publication Date: 2023-12-25
    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: 22-2153

    District court properly denied defendant's §2255 motion arguing 18 U.S.C. §2113(d) was not a "crime of violence" under 18 U.S.C. §924(c) because federal statutory text, record, and precedent showed that §2113(d) was divisible and armed bank robbery was a crime of violence under §924(c)'s elements clause. Affirmed.

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    Lancaster County & Berks County Court Rules 2023

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  • Rowan v. Warden James T. Vaughn Corr. Ctr.

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: David R. Fine, K&L Gates, Harrisburg, PA for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: 22-1298

    Failure to be expressly advised of continued no-contact order at second arraignment did not violate due process where the terms of the order explicitly stated that it remained in effect until changed/withdrawn or until the case ended.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Commonwealth v. Outlaw

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    An outburst in open court directing a profanity toward the trial judge supported a conviction for direct criminal contempt where the outburst halted the trial court proceedings and constituted an open defiance of the court's authority. Judgment of sentence affirmed.

  • Commonwealth v. Pisarchuk

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 647 EDA 2023

    Court found no abuse of sentencing discretion in imposing above-Guidelines sentence with consecutive terms where trial court based its decision on defendant's rehabilitative needs, the gravity of his offenses, the effects suffered by victims, and the need for protection of the public. Judgment of sentence affirmed.

  • United States v. Smith

    Publication Date: 2023-12-21
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-4301

    Defendant appealed his conviction on robbery, drug, and firearms charges.