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  • 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.

  • 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

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  • 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.

  • Commonwealth v. Hall

    Publication Date: 2018-12-10
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1493

    There was enough circumstantial evidence of defendant's possession of drug-related evidence where the evidence produced at trial, when taken together, linked him to the specific areas of an apartment where illegal drugs and drug paraphernalia were found. The appellate court affirmed defendant's judgment of sentence.

  • United States v. Lackey

    Publication Date: 2018-12-04
    Practice Area: Evidence
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1447

    Defendant moved to suppress firearms and drug evidence found in a warrantless search of his car after a traffic stop in which his passenger was arrested on outstanding warrants and found to have marijuana on him and the court found the totality of the circumstances justified the search under the automobile exception to the warrant requirement. Motion denied.

  • Buhler Versatile Inc. v. GVM, Inc.

    Publication Date: 2018-12-04
    Practice Area: Evidence | International Law
    Industry: Agriculture | Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Carlson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1431

    Defendant was not entitled to the relief sought in its motion in limine where the company sought to narrowly define issues regarding the application of a specific law to this commercial dispute and any evidence plaintiff might rely on to prove breach of contract. The court denied defendant's motion in limine.