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Robert E. Mielnicki
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Robert Mielnicki’s Legal Cases

8 total

  • United States v Zimmerman

    Practice Area:
    Criminal Defense
    Date:
    Jan 04, 2002
    Outcome:
    Conviction vacated
    Description:
    Zimmerman was indicted for Possession of Child Pornography in the United States District Court for the Western District of Pennsylvania. After a conditional plea of guilty, an appeal of the trial court's denial of a motion to suppress was filed in the United States Court of Appeals for the Third Circuit. On January 4, 2002, the Third Circuit held that the trial court erred in denying Zimmerman's motion to suppress. The charge was eventually withdrawn. United States v. Zimmerman, 277 F.3d 4269 (3rd Cir. 2002)
  • Commonwealth v D.J.

    Practice Area:
    Criminal Defense
    Date:
    May 19, 2011
    Outcome:
    Suppression granted, case withdrawn
    Description:
    D.J. was charged with Firearms not to be Carried w/o a License and False Identification. D.J. was a passenger in a car lawfully stopped by the police. During the stop, D.J., according to the police, seemed nervous. The police asked D.J. for his name and, according to the police, he gave a false name. After determining his correct name, the police learned that there was a warrant for D.J. Upon arresting D.J., the police searched the passenger side of the car and found a gun under the floor mat. Relying on two very recent cases from the Pennsylvania Superior Court which called into question the right of the police to demand that a person not violating the law to identify himself, Attorney Mielnicki was successful in having the gun suppressed. The charges were then withdrawn.
  • Estate of C.W. v. R.H. and others

    Practice Area:
    Personal Injury
    Date:
    Jan 11, 2005
    Outcome:
    Settlement of $1 Million
    Description:
    An auto accident fatality that the insurance company chose initially to defend since it had 2 experts contending the accident was the fault of the deceased- the wife of our client. After extensive discovery and our retention of possibly the best accident re constructionist in the Philadelphia area as our expert, the case was settled for $1 Million
  • Estate of D.W. v United States of America

    Practice Area:
    Personal Injury
    Date:
    Apr 03, 2009
    Outcome:
    Setllement of $400,00
    Description:
    D.W. took his own life after serving his country in Iraq. Robert E Mielnicki investigated the case and came to the conclusion that D.W. received inadequate care for depression from the VA upon returning from Iraq. Attorney Robert E Mielnicki retained two experts to help the case. Approximately two years later, Pittsburgh Personal Injury Attorney Robert E. Mielnicki settled the case for $400,000.
  • Commonwealth v. J.C.

    Practice Area:
    Criminal Defense
    Date:
    Sep 16, 1994
    Outcome:
    Not Guilty
    Description:
    Robert E Mielnicki, Esq. was appointed to represent J.C., an 18 year old charged with First Degree Murder. During a trial that lasted more than one week, the prosecutor introduced two eyewitnesses who testified that J.C. fired the shot that took the life of the victim. Attorney Mielnicki cross-examined one of these witnesses for close to eight hours. The Jury returned a verdict of not guilty
  • Commonwealth v. R.D.

    Practice Area:
    Criminal Defense
    Date:
    Feb 23, 2010
    Outcome:
    Suppression granted, charges withdrawn
    Description:
    Robert E. Mielnicki, Esq. was retained to represent R.D. who was charged with Poss. With Intent to Deliver Marijuana. The police stopped R.D.’s vehicle for a traffic violation. Upon approaching the vehicle, the police smelled an ‘overwhelming” odor of marijuana. The police ordered R.D. out of the vehicle and retrieved a backpack from the front seat. The backpack was opened and 876 grams of marijuana was found. Attorney Mielnicki conceded that the search was lawful under the United States Constitution but contended that the opening of the backpack without a warrant violated Article I, Sec. 8 of the Pennsylvania Constitution. The Court agreed and ordered the marijuana suppressed. The charge was then withdrawn.
  • N.M. vs. W.C.

    Practice Area:
    Personal Injury
    Date:
    Jul 01, 1998
    Outcome:
    Judgement for N.M. for $310,000
    Description:
    N.M. was exiting the parking llot of a shopping mall when W.C. struck her vehicle from behind resulting in no damage to the vehicles.Attorney Mielnicki contended that N.M. sustained a cervical disc herniation.. The party responsible had $100,000 in insurance coverage. The insurance company chose to play hardball since there no damage to either car. After a somewhat lengthy jury trial for an automobile case, Attorney Mielnicki obtained a judgment for his client of $310,000. The insurance company ended up paying the entire amount since it offered no money at all to settle the case.
  • F.C. v. Rozum

    Practice Area:
    Criminal Defense
    Date:
    Jan 07, 2014
    Outcome:
    Grant of habeas corpus.
    Description:
    F.C. convicted of second degree murder in 2001 in Lehigh County. Attorney Mielnicki inherited case in 2011 to file a habeas action in federal court. The case was transferred to the Eastern District and F.C. received habeas relief in the form of a new trial.