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  • Commonwealth v. Green

    Publication Date: 2019-02-26
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0196

    The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. McClelland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0202

    A criminal defendant could not be convicted of conspiracy to commit homicide where homicide was not an object of the defendant's burglary conspiracy and a conspiracy to commit homicide could not arise as a natural and probable consequence of another completely different conspiracy. Judgment of sentence reversed in part, case remanded.

  • Commonwealth v. Mbewe

    Publication Date: 2019-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0183

    Conviction affirmed where trial court sitting as factfinder could accept photo array identification based around defendant as victims identified defendant's first name and defendant was known to police to associate with his definitively identified co-defendant. Judgment of sentence affirmed.

  • Commonwealth v. Shaw

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0153

    Discharge of a firearm or BB gun in close proximity to neighbors and bystanders was sufficient to support a conviction for recklessly endangering another person. Judgment of sentence affirmed.

  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

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  • Estate of Roman v. City of Newark

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0163

    District court erred in dismissing appellant's §1983 claims against the city and police officers alleging a policy of unconstitutional searches, inadequate training and poor supervision and discipline based on the warrantless search of an apartment because appellant sufficiently alleged municipal liability against the city for inadequate police training, discipline and supervision. Vacated.

  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.

  • Commonwealth v. Natividad

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Discovery | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0125

    Brady violation was not prejudicial where commonwealth presented overwhelming evidence of defendant's guilt, including evidence linking a prior carjacking, the carjacking victim's identification, other eyewitnesses known to defendant identifying him as the perpetrator, and defendant's prior possession of the murder weapon. Order of the PCRA court affirmed.

  • U.S. v. Goldstein

    Publication Date: 2019-02-04
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Roth
    Attorneys: For plaintiff: Aidan P. O'Connor (Pashman Stein Walder Hayden)
    for defendant: Mark E. Coyne, Norman Gross and Glenn J. Moramarco (Office of United States Attorney)
    Case Number: 15-4094

    CSLI Obtained Without Warrant Admissible Where Government Acted in Good Faith By Obtaining SCA Court Order

  • Commonwealth v. Peck

    Publication Date: 2019-01-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0081

    Evidence was sufficient to convict on drug delivery resulting in death charge even though delivery occurred outside of Pennsylvania where victim returned to Pennsylvania to consume drugs, which resulted in the victim's death. Judgment of sentence affirmed.