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  • In re: McGillvary

    Publication Date: 2023-11-29
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2820

    Petitioner sought a writ of mandamus, alleging that the district court had obstructed his habeas petition and seeking an order compelling the district court to review his summary judgment motion.

  • Commonwealth v. Spone

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 EDA 2022

    Court affirmed harassment convictions where there was sufficient evidence for a jury to infer that defendant lacked a legitimate basis to contact families about their children's behavior and instead merely intended to harass, annoy, or alarm the families. Judgment of sentence affirmed.

  • Commonwealth v. Weitzel

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 555 MDA 2023

    Court rejected challenges to weight and sufficiency of evidence supporting domestic violence conviction where evidence showed that defendant placed his hands around the victim's throat with enough force to leave temporary marks and impede her breathing.

  • Commonwealth v. Patterson

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 376 MDA 2023

    Police could lawfully effect detention by stopping behind vehicle that was partially blocking lane of highway under community caretaking doctrine, as the police cruiser could reduce the risk of a collision and the officers had a reasonable basis to conduct a welfare check to see if the vehicle was disabled or the driver was in distress. Judgment of sentence affirmed.

  • Commonwealth v. Rice

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1036 EDA 2022

    Mere encounter did not escalate to investigative detention after request to "come here," where police made no show of force or otherwise blocked suspect from leaving the area and thus suspect voluntarily abandoned his firearm. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Powanda

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 559 MDA 2023

    Evidence was sufficient to support conviction for defiant trespass where defendant knew he was not permitted to reenter retail store yet did so anyway, barring application of statutory defense to conviction. Judgment of sentence affirmed.

  • Commonwealth v. Dell

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2091 EDA 2022

    Trial court erred in adding conditions to probation without evidence that probationer violated existing conditions. Order of the trial court vacated, case remanded.

  • Commonwealth v. Hall

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 718 WDA 2022

    Defendant lacked standing to contest search and seizure of items from his vehicle after he abandoned the car following a motor vehicle accident. Judgment of sentence affirmed.

  • Thomas v. Pennsylvania Parole Bd.

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1173 C.D. 2022

    Board did not err in rescinding petitioner's automatic reparole after he was found guilty of a contraband misconduct while serving his recommitment because DOC expressly found his misconduct involved a controlled substance and 61 Pa.C.S. §6138(d)(5)(i) authorized board to rescind his automatic reparole. Affirmed.

  • Commonwealth v. Villaneuva-Pabon

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 756 EDA 2022

    Court affirmed denial of post-sentence motion to bar Sexual Offender Registration and Notification Act registration requirements where trial court sustained commonwealth's objection to defendant's proffer of evidence in support of his constitutional challenge to SORNA, meaning that defendant effectively presented no evidence to support his motion. Judgment of sentence affirmed.