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  • United States v. Brown

    Publication Date: 2024-05-07
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1819

    Appellant appealed his convictions for aggravated identity theft, conspiracy to commit bank fraud, and bank fraud, and the sentence imposed by the district court.

  • Commonwealth v. Watkins

    Publication Date: 2024-05-03
    Practice Area: Criminal Law | Social Media
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 800 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of receiving stolen property and driving on a suspended license. The court affirmed, holding that the trial court did not err in admitting into evidence screenshots taken from appellant's Facebook account, which appellant utilized to offer stolen items for sale, where the digital evidence was amply authenticated by law enforcement testimony, victim testimony, and account records procured from Facebook's parent corporation.

  • United States v. Hill

    Publication Date: 2024-05-03
    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: 19-3508

    District court erred in holding appellant did not qualify for relief under Rehaif v. U.S., 139 S.Ct. 2191, because his 2019 28 U.S.C. §2255 motion was second or successive since Rehaif announced a new rule that was substantive and retroactive. Vacated and remanded.

  • United States v. Gordon

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 99-348-2

    Appellant moved to set aside or correct his sentence under 28 U.S.C. §2255 and court found his attempted bank robbery counts could take place without violence and his sentence predicated on his attempted armed bank robberies had to be vacated. Motion granted.

  • Commonwealth v. Rosario

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1430 MDA 2023

    Appellant appealed the trial court's order denying his petition for post-conviction relief. The court affirmed, holding that appellant did not receive ineffective assistance of counsel where his trial attorney recommended that he accept a favorable plea deal immediately before trial instead of pursuing a speedy trial motion that was unlikely to succeed in light of an adverse judicial ruling that Rule 600 computations were suspended during the COVID-19 pandemic.

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Commonwealth v. Laughman

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1315 MDA 2023

    Appellant appealed the trial court's judgment of sentence, which imposed a "no alcohol" probation condition at the conclusion of probation revocation proceedings. The court held that the trial court acted within its discretion in imposing a "no alcohol" condition on appellant's probation after appellant relied on alcohol to commit probation violations.

  • Commonwealth v. Duncan

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1103 EDA 2023

    Appellant appealed the trial court's judgment of sentence on her bench trial conviction for driving under the combined influence of alcohol and a drug or drug combination. The court vacated appellant's conviction, holding that evidence was insufficient to support appellant's conviction where a police officer merely saw a "wet" cigarette in appellant's vehicle during an encounter in an area known for drug trafficking.

  • Commonwealth v. Pollick

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 626 MDA 2022

    Appellant appealed the trial court's judgment of sentence imposed for exceeding the maximum speed limit following a summary appeal. The court affirmed, holding that Commonwealth's prima facie evidence that a trooper's speedometer was accurate supported appellant's conviction for speeding.

  • United States v. Bratsenis

    Publication Date: 2024-05-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1695

    Appellant appealed his conviction.

  • 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.