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  • Commonwealth v. Krzan

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1638 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of certain sex crimes. The court affirmed, holding that the trial court did not err in permitting Commonwealth to introduce evidence of appellant's pre-arrest silence where appellant's trial testimony created the impression that he had spoken with police about the allegations against him prior to his arrest.

  • Commonwealth v. Black

    Publication Date: 2024-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1601 EDA 2023

    Commonwealth appealed the trial court's order denying its petition to refile charges against appellee. The court reversed and remanded for trial, holding that Commonwealth's evidence regarding appellee's blood test results, his driving, the accident he caused, and his behavior afterward was sufficient to set out prima facie cases of aggravated assault by vehicle while driving under the influence and aggravated assault by vehicle.

  • Commonwealth v. Jones

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1734 EDA 2022

    Appellant appealed the trial court's judgment of sentence on his jury conviction of rape and related crimes. The court affirmed, holding in pertinent part that the trial court did not violate appellant's rights by posing three brief questions to his crime victim at trial in order to clarify her responses to a question posed by Commonwealth.

  • Commonwealth v. Pearson

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 MDA 2023

    Appellant appealed the trial court's order denying his "notice of appeal." The court affirmed, holding that the trial court properly denied appellant's pleading, which was an untimely subsequent Post Conviction Relief Act petition that sought reinstatement of appellant's rights to appeal nunc pro tunc an order of the trial court that denied appellant's motion for DNA testing.

  • Commonwealth v. Smith

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 593 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury conviction for driving under the influence in violation of 75 Pa.C.S.A. § 3802(d(1)(i) and (iii). The court affirmed, holding that the challenged statutory sections did not violate appellant's constitutional rights to equal protection, substantive due process, or procedural due process as a user of medical marijuana.

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  • Commonwealth v. Miranda

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2558 EDA 2023

    Appellant appealed the trial court's order dismissing his first petition filed pursuant to the Post Conviction Relief Act. The court vacated and remanded, holding that the PCRA court erred by first granting appointed counsel's motion to withdraw for lack of meritorious issues and then scheduling a hearing on appellant's purported amended PCRA petition, rather than issuing notice of its intent to dismiss what it deemed to be a meritless petition.

  • Commonwealth v. Stauffenberg

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2095 EDA 2023

    Appellant appealed the trial court's order denying his petition for writ of certiorari on his municipal court conviction for driving under the influence. The court affirmed, holding that where appellant suffered any violation of his constitutional rights against self-incrimination because he was given no Miranda warning before signing a PennDOT DL-26B form as the "operator" of a vehicle, the maximum remedy was to preclude Commonwealth from relying on his signature to prove at trial that he was the operator of the vehicle in which he w

  • Commonwealth v. Smith

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1019 WDA 2023

    Presence of drugs and paraphernalia in bedroom shared by defendant was sufficient evidence to infer constructive possession. Order of the trial court affirmed in part, reversed in part, and remanded.

  • Commonwealth v. Coles

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2023

    Police did not require reasonable suspicion or probable cause to search backpack voluntarily discarded by defendant after she fled into a residence that she did not have permission to enter. Order of the trial court reversed, case remanded.

  • Commonwealth v. Corbin

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1393 WDA 2023

    Court properly denied appellant's request for a refund of unremitted restitution owed to appellant's mother, as doing so would run contrary to the rehabilitative purposes of restitution and run afoul of equitable principles and public policy. Order of the trial court affirmed.