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Tag Archives: Criminal

No review of sentencing guidelines calculations (access required)

Where the trial court adopted the commonwealth’s interpretation of the applicable sentencing guidelines, there is no appealable issue because appellate review of sentencing guideline calculations is precluded by statute. At appellant’s sentencing for his plea-based conviction to a sex crime, ...

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Petition for actual innocence writ denied (access required)

A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that another informant recanted his testimony, is dismissed. Further, we reject ...

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Assault in aid of racketeering constitutes crime of violence (access required)

Where the statute criminalizing assault with a dangerous weapon in aid of racketeering activity “heightens” the common law assault definition by additionally requiring the use of a dangerous weapon, that combination satisfies the “crime of violence” definition under the § ...

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Pharmaceutical company not entitled to bill of particulars (access required)

Where the government’s superseding indictment and additional information sufficiently outlined the basis for the charges against a pharmaceutical company, the company’s motion for a bill of particulars was denied. And, although other government agencies might have conducted investigations of the company, ...

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‘Approbate and reprobate’ doctrine bars new trial review (access required)

Where appellant’s counsel agreed to the trial court’s erroneous conclusion that it lacked jurisdiction to consider motions for a new trial, the approbate and reprobate doctrine prevents appellant from taking an inconsistent position on appeal – that the trial court ...

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Appellant properly charged with two hit-run accidents (access required)

There was sufficient evidence for the trial court to convict appellant of two hit-and-run accidents. Although both arose from the same incident, each accident had a separate causation and there “was a sufficient temporal interval between the two collisions.” Background ...

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