Following a habeas corpus hearing, Myers, Brier & Kelly, LLP (“MBK”) successfully obtained the dismissal of a criminal case in Lackawanna County involving the alleged felony of Theft by Failure to Make Required Disposition of Funds Received. The trial court granted MBK’s petition for writ of habeas corpus on April 27, 2012 and dismissed the case. Following an appeal by the Commonwealth, MBK successfully convinced the Pennsylvania Superior Court that the Commonwealth failed to present sufficient evidence linking MBK’s client to the purported theft. The underlying case involved the future bulk purchase of petroleum products. In affirming the dismissal of the case, the Superior Court found that the Commonwealth failed to present evidence that MBK’s client, rather than the corporation that engaged in the transaction, received money from the purported victim. The victory was important for MBK’s client and underscores the constitutional mandate of a showing of probable cause before a criminal case can be presented to a jury. MBK lawyers were Patrick A. Casey and Nick Kravitz.
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