ALLEGHENY COUNTY COURT ORDERS NEW TRIAL FOR MAN CONVICTED OF AGGRAVATED ASSAULT BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL
Attorney Noel’s client was convicted of aggravated assault and sentenced to 7 to 14 years in state prison. Attorney Noel’s client used force to defend himself against his brother, who, at the time of the incident, was on parole for the robbery and murder of a man he beat to death.
SUPERIOR COURT OF PENNSYLVANIA ORDERS NEW TRIAL FOR MAN CONVICTED OF FLEEING AND ELUDING, FINDING THAT TRIAL JUDGE PREVENTED HIM FROM ASSERTING A STATUTORY DEFENSE
Attorney Noel’s client was charged with fleeing or attempting to elude the police after fleeing from a traffic stop. During the course of the traffic stop, the conduct of the police – namely, becoming belligerent toward Attorney Noel’s client, punching his car window and reaching for their firearms – caused Attorney Noel’s client to feel very threatened and to flee from the traffic stop in his car.
SUPERIOR COURT OF PENNSYLVANIA ORDERS RESENTENCING ON DOUBLE JEOPARDY GROUNDS FOR WOMAN CONVICTED OF DRIVING UNDER THE INFLUENCE
Attorney Noel appealed her client’s sentence following her convictions for three counts of driving under the influence and related summary violations of the Motor Vehicle Code. The Commonwealth charged Attorney Noel’s client with three counts of DUI – DUI-general impairment, DUI-general impairment and refusing breath/blood alcohol testing, DUI-general impairment where an accident resulting in damage to a vehicle occurred – all based on a single instance of drunk driving.
SUPERIOR COURT OF PENNSYLVANIA REMANDS CASE OF MAN CONVICTED OF POSSESSING FIREARMS AND SEVERAL POUNDS OF MARIJUANA DUE TO SPEEDY TRIAL VIOLATION; CHARGES DISMISSED ON REMAND
Attorney Noel successfully appealed the convictions of a man convicted of illegally possessing firearms and several pounds of marijuana on the grounds that he was not brought to trial in a speedy manner. Attorney Noel’s client fled from the arresting officer, was not charged until two years later, and was not brought to trial until over four years later despite the fact that his identity was known.
SUPERIOR COURT OF PENNSYLVANIA VACATES CONVICTION OF MAN CONVICTED OF DISORDERLY CONDUCT FOR GIVING HIS EX-WIFE THE MIDDLE FINGER
Attorney Noel’s client was convicted of disorderly conduct for giving his ex-wife the middle finger. On appeal, Attorney Noel argued that her client’s conduct was speech protected by the First Amendment and, therefore, the evidence was insufficient to support her client’s conviction under Pennsylvania’s disorderly conduct statute. The Superior Court agreed and reversed her client’s conviction.
SUPERIOR COURT OF PENNSYLVANIA ORDERS NEW TRIAL FOR WOMAN CONVICTED OF ENDANGERING THE WELFARE OF CHILDREN
Attorney Noel’s client was convicted of endangering the welfare of a child for allegedly failing to report sexual abuse perpetrated by her husband. The accuser had previously made three false sexual assault allegations against other people and the trial court prevented Attorney Noel’s client from introducing evidence of the accuser’s prior false allegations on the grounds that such evidence was barred by Pennsylvania’s Rape Shield Law.