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  • Shaner v. Harriman

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0763

    Trial court erred in finding appellant in contempt for having "access" to a rifle in a shed in violation of a Protect from Abuse order because there was no proof that appellant had constructive possession of the rifle or that he had a wrongful intent to violate the PFA. Vacated.

  • Commonwealth v. Pew

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0758

    PCRA petition properly dismissed as untimely where after-discovered evidence previously available to defendant and new constitutional rule inapplicable. Order of the PCRA court affirmed.

  • Commonwealth v. Hewlett

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0756

    Testimony that defendant adopted a fighting stance, threw punches, and tossed a police officer near a glass table sufficient evidence to support conviction for aggravated assault of a police officer. Judgment of sentence affirmed.

  • Commonwealth v. Weber

    Publication Date: 2018-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0759

    Trial court erred in precluding evidence of statutory personal safety defense to eluding charges by analyzing weight or credibility of defendant's prima facie evidence. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Perez

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0757

    Commonwealth's appeal from dismissal of criminal charges quashed as interlocutory where trial court did not dismiss with prejudice and where commonwealth asserted evidence to establish prima facie case, permitting the commonwealth to refile charges. Appeal quashed.

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  • Commonwealth v. Tejada

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0710

    Criminal defendant could not forfeit right to representation through poor behavior, and as such trial court erred in failing or refusing to appoint standby counsel after ruling that defendant forfeited his rights to be present at trial and to self-representation. Judgment of sentence vacated, case remanded for retrial.

  • Commonwealth v. Kretchmar

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0707

    PCRA petition was untimely where petitioner could not invoke retroactive constitutional rule exception as cited case merely constituted statutory construction rather than citation of constitutional rule or rule of criminal procedure. Order of the PCRA court affirmed.

  • Commonwealth v. Walker

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0711

    Moving forward, Rule 341 would require quashal of a single notice of appeal taken from a single order resolving issues on more than one docket. Order of the superior court reversed, case remanded.

  • Commonwealth v. Brown

    Publication Date: 2018-06-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0697

    Autopsy report was inadmissible in absence of author's live testimony, but another expert's opinion admissible where independently arrived from facts contained in report. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0709

    Deadly weapon sentencing enhancement for motor vehicle aggravated assault conviction was inapplicable where defendant lacked specific intent to strike or threaten victim with vehicle but instead was merely criminally recklessly operating the vehicle for ordinary purposes. Order of the superior court affirmed.