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  • Commonwealth v. Tavarez

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1706

    Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. N.M.C.

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated defendants judgment of sentence.

  • Commonwealth v. Smith

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1609

    The arresting officer involved in defendants case was not required to personally observe defendant involved in hand-to-hand illegal drug transactions and could rely on information provided by a fellow trooper, including a photo of the defendant, to determine whether he had reasonable suspicion to detain defendant. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Wilson

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1612

    Motion to suppress statements properly denied where, although defendant was initially illegally detained on an inactive warrant, any taint from the illegal arrest was attenuated where defendant voluntarily waived Miranda rights to make statements in response to co-defendants incriminating statements and evidence obtained from a search warrant thereunder. Judgment of sentence affirmed.

  • Commonwealth v. Izurieta

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1555

    Testimonial evidence of sexual penetration of a victim under 16 years old sufficient to support conviction for indecent assault. Judgment of sentence affirmed.