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  • Commonwealth v. Smetana

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0808

    Trial court erred in imprisoning defendant for contempt for failure to pay court-ordered costs and fines without determining defendant's ability to pay and willful failure to pay. Order of the trial court reversed, case remanded.

  • Commonwealth v. Arcelay

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0785

    Defendant, a retired Army reservist, failed to establish that the trial court lacked jurisdiction over the summary citation he received for animal cruelty occurring on the Willow Grove Naval Air Station base. The appellate court affirmed defendant's judgment of sentence.

  • Commonwelath v. Parrish

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0791

    Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.

  • Commonwealth v. Bond

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0782

    The trial court erred in admitting a video interview of the minor victim as a prior consistent statement under Pa.R.Evid. 613(c) because this case did not involve any statement that predated the victim's alleged motive to fabricate; however, the admission was harmless error given the cumulative nature of the evidence. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Katona

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0789

    Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.

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  • Commonwealth v. Rouse

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0792

    Void-for-vagueness due process challenge could be raised in a habeas corpus petition and was not an illegal sentence challenge cognizable under the PCRA, but failure to raise the claim at or after sentence rendered it waived. Order of the trial court affirmed.

  • Commonwealth v. Koonce

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0790

    Motion to produce confidential information was properly denied where defendant failed to establish materiality of potential testimony by presenting no evidence that defendant was purportedly "framed" or how the CI's testimony would support that claim. Judgment of sentence affirmed.

  • Commonwealth v. Gad

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0787

    Prior bad acts were evidence to prove absence of accident or mistake and to tell "the complete story" to explain why the victim was unavailable as a witness at trial. Judgment of sentence affirmed.

  • Young v. Bd. of Probation and Parole

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0793

    Parole board erred in revoking petitioner's sentence credit previously awarded in his prior recommitment as a convicted parole violator because the statute required the board to decide whether to award or deny credit for street time upon a parolee's recommitment as a convicted parole violator and once the board granted sentence credit for street time, it was gone. Reversed.

  • Commonwealth v. Goodmond

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0786

    PCRA petition alleging ineffective assistance of counsel was dismissed where defendant failed to establish that trial counsel was or should have been aware of evidence counsel allegedly failed to investigate. Order of the trial court affirmed.