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Criminal Law

Defendant liable for co-conspirator’s gun display (access required)

Evidence was sufficient to prove that the defendant conspired with his co-defendant to collect a debt through intimidation, including with a firearm. Background Appellant Jahsaad Livingston was tried jointly with his co-defendant, Therin Mason Miller-Jones. For several months in 2015, ...

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Continuance for counsel’s absence chargeable to defendant (access required)

A continuance ordered due to the hospitalization of defense counsel tolled the speedy trial deadline, because the reason for the delay was unanticipated and beyond the control of the Commonwealth. Background Appellee Calvin Craighead was indicted for two counts of ...

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Enhancement improper without “overt act” predicates (access required)

The district court erred in sentencing the defendant as a career offender because his prior convictions for conspiracy to distribute and possess with intent to distribute cocaine are not controlled substance offenses for career offender purposes. No career-offender predicates Appellant ...

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Statistical significance analysis must be reliable (access required)

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

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CAV: No need to prove knowledge of each drug in mixture (access required)

In convictions on two possession counts, the Commonwealth was not required to prove that the defendant knowingly and intentionally possessed two different controlled substances, heroin and fentanyl, when both substances were contained within a single capsule that appeared visually uniform. ...

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