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.
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).
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).
In a co-defendant trial spanning three days, client was acquitted of Possession of a Controlled Substance and Tampering with Evidence.
A jury acquitted client of Indecent Assault (M2) following a half-day trial.
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.
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.
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
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.
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.
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.
After a half-day bench trial, client was found not guilty of a first-offense DUI charge, which ARD was rejected for.