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  • Commonwealth v. Baney

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0657

    Trial court was not obligated to resentence after vacating "restitution" that was in fact an order to pay costs of prosecution. Order of the trial court affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0659

    Trial court erroneously granted suppression of blood alcohol test results for suspect's mistaken belief about continued validity of enhanced criminal penalties for refusal to consent to blood draw and for erroneous imposition of requirement upon law enforcement to advise suspects of revised criminal procedure. Order of the trial court reversed, case remanded.

  • Commonwealth v. Dempster

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0635

    Appellant's challenge to the sentence imposed after she stipulated to probation violations failed because she failed to raise an objection to the sentence at her VOP sentencing hearing, did not file a timely post-sentence motion or motion to reconsider the sentence and waived her challenge to the discretionary aspects of her sentence. Sentence affirmed.

  • Commonwealth v. Gould

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0628

    Search by parole agent valid where agent personally observed and had third-party information providing reasonable suspicion defendant possessed contraband or evidence of parole violation, and where agent's search was intended to uncover parole violations rather than investigate penal code violations. Judgement of sentence affirmed.

  • Dill v. Pa. Bd. of Prob. and Parole

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0631

    Parole revocation board was not obligated to hold revocation hearing until parole violator's return to state custody from serving out-of-state or federal sentence. Adjudication of the Pennsylvania Board of Probation and Parole affirmed.

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  • Commonwealth v. Simpson

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Dozor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0597

    The court properly suppressed evidence where police failed to conduct any investigation that could have provided a reasonable suspicion that defendant was the operator of a motor vehicle at the time of an accident.

  • Commonwealth v. Davis

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0622

    When the trial court found that police had probable cause to conduct a warrantless search of defendant's vehicle, it failed to consider the totality of the circumstances, including several facts that weighed heavily against the conclusion that probable cause existed. The appellate court reversed defendant's judgment of sentence and remanded.

  • Commonwealth v. Love

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0629

    Search warrant to search for any game or wildlife parts overbroad where affidavit in support of probable cause referred solely to the unreported killing of a particular deer and retention of its parts in violation of the Game and Wildlife Code. Order of the trial court reversed, judgment of sentence vacated, case remanded.

  • Commonwealth v. Robertson

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0607

    Defendant's consent to blood draw was voluntary where she was not advised that she would be subject to criminal penalties for refusal, and where totality of circumstances indicated that defendant understood her rights to refuse a blood draw and was not under coercion or duress. Orders of the trial court reversed, case remanded.

  • Commonwealth v. Miller

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0606

    Defendant's subjective belief that he would be subject to criminal penalties for refusing a warrantless blood draw could not render his consent involuntary. Order of the trial court reversed, case remanded.