Not Guilty.
After a three-day jury trial, client was acquitted of charges of first-degree murder, carrying a life sentence, and charges arising under the Uniform Firearms Act.
Allegheny County
Not Guilty.
After a week-long jury trial, client was acquitted of two counts of felony Aggravated Indecent Assault and one count of Indecent Assault (Unconscious), but convicted of the lesser-included offense of Indecent Assault (M2).
Allegheny County
Not Guilty.
Following a day long jury trial, client was acquitted of 12 counts of rape, involuntary deviate sexual intercourse, indecent assault, indecent exposure, incest, and various attempt crimes.
Greene County
Not Guilty.
After a half-day bench trial, client was found not guilty of a first-offense DUI charge, which ARD was rejected for.
Westmoreland County
Not Guilty.
In a day-long bench trial, client was acquitted of two counts of felony Aggravated Assault and Terroristic Threats, but found guilty of the lesser-included offense of Simple Assault (M3).
Allegheny County
Not Guilty.
In a co-defendant trial spanning three days, client was acquitted of Possession of a Controlled Substance and Tampering with Evidence.
Allegheny County
Not Guilty.
A jury acquitted client of Indecent Assault (M2) following a half-day trial.
Greene County
Not Guilty.
A judge acquitted client of Strangulation (F2), Simple Assault (M1), and Endangering Welfare of Children (M1) following a stipulated non-jury trial.
Allegheny County
Judgment of Acquittal.
After two years of litigation and one previous dismissal, client was acquitted in felony theft and conspiracy case, which involved 2,000-plus pages of documentary evidence.
Allegheny County
Previous Convictions Vacated.
Client was previously given a 1-2 year state sentence for a 4th DUI offense. Following the filing of a PCRA, the Commonwealth agreed to a new trial and later nolle prossed (dismissed) the case.
Allegheny County
Suppression of Evidence.
After suppression hearing, court held that sheriff deputies' entry into defendant’s hotel room with an arrest warrant (rather than a search warrant) was illegal and therefore suppressed firearms and contraband found in the room. The result avoided what could’ve otherwise resulted in a lengthy prison sentence.
Westmoreland County
Suppression of Evidence.
Following the closure of a suppression hearing, the court suppressed contraband taken from client’s vehicle based upon developments in Pennsylvania Supreme Court caselaw, which was presented by way of a supplemental motion.
Fayette County
Suppression of Evidence.
After suppression hearing, court held that client’s car was illegally searched by Pennsylvania State Police trooper and accordingly suppressed discovered contraband, which could have justified lengthy prison sentence.
Somerset County
Suppression of Evidence.
After suppression hearing, court held client’s joint bank accounts were illegally searched without valid consent or proper warrant, thereby effectively dismissing felony charge that alleged the misappropriation of a $250,000.
Allegheny County
Dismissed.
Client was charged with felony and misdemeanor counts related to endangering the welfare of children and failure to report alleged child abuse. Following the preliminary hearing, the felony count was dismissed for lack of evidence. And following the filing of Petition for Writ of Habeas Corpus at the trial court level, the remaining misdemeanor offenses were dismissed.
Armstrong County
Dismissed.
After a preliminary hearing, magistrate dismissed charges of robbery and kidnapping based upon surveillance footage at client’s employer providing an alibi defense.
Sentence Reversed on Appeal.
Judge sentenced client to 6 to 12 months in jail without considering individualized sentencing factors. The court’s sentence was objected to on the grounds that it violated the sentencing code and an appeal was taken. The client was granted a bail pending appeal. In a published opinion, the Superior Court reversed the lower court and vacated the client’s sentence finding that it was not an individualized sentence. Upon resentencing, the client received probation. The case is Commonwealth v. Luketic, 162 A.3d 1149.
Pa. Super. 2017
Vacated/Remanded.
The lower court dismissed client’s post-conviction claim seeking a new trial on the basis that his attorney rendered ineffective assistance for failing to argue an obvious defense to the fleeing-and-eluding law. The crux of the claim centered on how the word “markings” was to be interpreted in order for the defense to apply. Did “markings” include a “unmarked” police vehicle’s “lights and siren”? In a published opinion, the Superior Court said that it did not, answering an issue of first impression, and vacating the lower court’s order. In a concurring/dissenting opinion, Judge Bowes opined the client should’ve been entitled to a new trial immediately. The case is Commonwealth v. Durrett King, 2018 PA Super 239.
Aug. 29, 2018
Ineffective Assistance of Counsel.
After a PCRA hearing, the court vacated client’s prior judgment that had made the client a “Person Not to Possess a Firearm,” and granted a new trial on the grounds that client’s prior attorney rendered ineffective assistance of counsel. Result of new trial allowed client’s constitutional right to bear arms to be restored.
Allegheny County
Non-Jury Verdict.
Following four years of litigation and a three-and-a-half day bench trial, clients were awarded $70,000+ in damages and attorneys’ fees in a civil action alleging claims of fraud and violations of Pennsylvania’s Seller Disclosure and Unfair Trade Practices acts.
Allegheny
Dismissal for Lack of Personal Jurisdiction.
Allegheny County judge sustained preliminary objections for lack of personal jurisdiction, which had the effect of dismissing a contract suit (seeking treble damages) against an out-of-state, home- appliance manufacturer.
Grant of Partial Summary Judgment.
Court entered partial judgment on behalf of client who sued municipality for overcharging municipal fees.
