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Publication Date: 2019-04-01
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0361
SORNA sentence not unconstitutional where offender was sentenced according to standard tier-based system rather than under enhanced sentence since offender was not designated a sexually violent predator, and where the legislature could impose a limited incarceration period and a limitless registration period for the same sex offense. Judgment of sentence affirmed.
Publication Date: 2019-03-25
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0320
Although a punitive measure, a sex offender registration requirement under SORNA could be longer than the statutory sentencing maximum for the underlying criminal conviction because sex offender registration was unconnected to sentencing maximums. Judgment of sentence affirmed.
Publication Date: 2019-03-11
Practice Area: Motor Vehicle Torts | Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0278
Trial court properly found that liability could not attach to employer for employee driver's negligent driving because driver was on vacation and was traveling in his personal vehicle to pick up his personal tools to use on his personal project at the time of the accident. Affirmed.
Publication Date: 2019-01-29
Practice Area: Constitutional Law | Criminal Law
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0080
Evidence of causation sufficient to support murder conviction where another medical examiner, after reviewing the victim's autopsy and medical records, reached an independent conclusion that the victim died from injuries inflicted by defendant and that the victim's subsequent care which kept him alive for several months did not attenuate defendant's criminal liability. Judgment of sentence affirmed.
Publication Date: 2019-01-29
Practice Area: Criminal Appeals
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0076
Recent newspaper articles regarding the suspension of a specific police officer and the entry of a civil judgment against two other officers did not constitute newly discovered facts that would save defendant's untimely second petition for relief under the Post Conviction Relief Act where defendant had long before demonstrated an awareness of these reports. The court affirmed defendant's judgment of sentence.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2019-01-15
Practice Area: Constitutional Law | Criminal Appeals | Legislation
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 19-0018
Since application of the Sex Offender Registration and Notification Act would inflict greater punishment upon defendant than the law in effect when he committed the crimes, the statute could not be applied retroactively to him without violating the ex post facto clause of the state constitution. The appellate court vacated in part defendant's judgment of sentence.
Publication Date: 2019-01-01
Practice Area: Criminal Appeals
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1587
PCRA court properly found that appellant failed to establish his ineffective assistance of trial counsel claim based on appellant's alleged intoxication at the time of the crime his statement to police. His challenge to the legality of his sentence under Commonwealth v. Batts, 163 A.3d 410, failed because that case was not a substantive rule or a watershed procedural rule that applied retroactively. Affirmed.
Publication Date: 2018-12-25
Practice Area: Damages | International Law
Industry: Cargo and Shipping | Consulting | Investments and Investment Advisory
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1552
Recognition Act permitted judgment holder to file praecipe to enforce foreign money judgment, since Act allowed aggrieved party to raise standard defenses to contest legitimacy of underlying judgment. Order of the trial court affirmed.
Publication Date: 2018-12-18
Practice Area: Criminal Appeals
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1529
The appellate court found no merit to defendant's claim that he was incapable of entering a valid plea due a lack of access to medication where he answered questions about his mental health treatment during two plea colloquies and admitted that he was still on medication and that such medication was not affecting his ability to understand the plea colloquy. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-12-18
Practice Area: Civil Procedure | Contracts | Fee Disputes
Industry: Legal Services | Real Estate
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1497
Prothonotary lacked authority to enter judgment on a contempt order where trial court had not entered ruling on the merits finding contemnor in contempt and setting the amount of the contempt judgment. Order of the trial court affirmed.
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