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Weekly Caselaw Updates

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State v. Bellamy

In State v. Bellamy, the New Jersey Appellate Division dealt with several issues related to the resentencing of a defendant. First, the Court held that a resentencing upon remand should be conducted de novo unless the appellate court explicitly orders otherwise. Second, the Court ruled that the sentencing court should have considered the…

In State v. Bellamy, the New Jersey Appellate Division dealt with several issues related to the resentencing of a defendant. First, the Court held that a resentencing upon remand should be conducted de novo unless the appellate court explicitly orders otherwise. Second, the Court ruled that the sentencing court should have considered the newest mitigating factor under N.J.S.A.… Continue reading State v. Bellamy

Commonwealth v. McFalls
Pennsylvania Superior Court

In Commonwealth v. McFalls, the defendant appealed her conviction at a bench trial on the charge of DUI and her conviction by a jury on the charges of aggravated harassment by a prisoner and institutional vandalism. The Pennsylvania Superior Court affirmed. First, the Court held that the trial court properly quashed the defendant’s subpoena because… Continue reading Commonwealth v. McFalls

State v. Stoveken
New Jersey Appellate Division

Two defendant-physicians appealed the State’s use of grand jury subpoenas to access information contained in New Jersey’s Prescription Monitoring Program (PMP), which is a state-run database that keeps track of prescriptions of controlled dangerous substances. The Appellate Division determined that law enforcement agents properly sought subpoenas in the name of the investigating grand jury and… Continue reading State v. Stoveken

Commonwealth v. Alston
Pennsylvania Superior Court

The Allegheny County Public Defender’s Office, on behalf of the defendant, served a subpoena duces tecum on the Medical Examier’s Office seeking the autopsy report related to the defendant’s homicide case. The subpoena was issued prior to the defendant’s preliminary hearing. Without granting a hearing on the matter — and with no response from the Medical… Continue reading Commonwealth v. Alston