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Monthly Archive: September 2010

September 22, 2010

New Jersey Court Throws Out State’s Fraud Suit Against Springsteen Ticket Sellers

The New Jersey Superior Court recently threw out a lawsuit filed by the State against ticket resellers Orbitz Worldwide and TicketNetwork Direct. The suit arose from the sale of tickets to Bruce Springsteen shows at Giants Stadium last year, six days before Ticketmaster began selling tickets. The state alleged that the resellers had violated New Jersey’s Consumer Fraud Act by offering tickets, some of which they did not actually possess or which did not correspond to actual seats, before they were made available to the public. Both Orbitz and TicketNetwork Direct operate as an internet...

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Posted in: Uncategorized

September 21, 2010

Sentencing in Drug Case Vacated

The Superior Court of Pennsylvania recently vacated a defendant’s conviction for drug charges upon a finding that the evidence was obtained as a result of an unlawful search and seizure. In 2008, the defendant was arrested and charged with possession and possession with intent to distribute a controlled substance after he was found carrying large quantities of marijuana and crack cocaine. An on-duty officer had noticed the defendant on a street corner with three separate individuals over the course of an hour, each time entering a...

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Posted in: Drug Crimes

September 16, 2010

Counsel can be Deemed Ineffective for Failing to Advise a Defendant of Collateral Consequences

The Superior Court of Pennsylvania recently considered whether a defendant’s counsel was ineffective for failing to inform him that a guilty plea to indecent assault would result of the loss of his vested pension rights under the Public Employee Pension Forfeiture Act (PEPFA). Defendant Joseph Abraham, a high school teacher, had offered $300 to a student in exchange for sex, and also touched her buttocks. Abraham gave the student a business card with his private cell phone number written on it. Several months later, the student disclosed the incident to school police. Abraham, 67 years...

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September 15, 2010

Prosecutorial Misconduct Causes Reversal in Drug Case

The Third Circuit Court of Appeals recently vacated a defendant’s conviction on the grounds that the prosecutor’s introduction of testimony, that he had promised not to rely on at trial, had deprived the defendant of a fair trial. In US v. Liburd, Liburd was convicted of attempted importation of cocaine and possession with intent to distribute more than 500 grams of cocaine. On Oct. 4, 2008, Liburd attempted to board a flight to Atlanta from the St. Thomas airport. As he passed through TSA security, one of the officers noticed...

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Posted in: Drug Crimes

September 13, 2010

Drunk Driving Conviction Upheld

The Superior Court of Pennsylvania recently affirmed both the DUI conviction and the judgment of sentencing of Robert Toland, II, stemming from his 2006 arrest in Delaware County. Toland had been spotted by an on-duty patrolman late at night passed out behind the wheel of his car, which was parked on the street outside of a store. The headlights were on and the motor was running, and a cold, unopened six-pack of beer was found inside of the car. Toland subsequently consented to a blood-test, where his blood alcohol concentration (BAC) was found to be .3%. The legal limit in Pennsylvania is...

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Posted in: Misdemeanor / Felony Crimes