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  • Commonwealth v. McClellan

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0134

    The DNA evidence produced at trial strongly implicated defendant as a possessor of a gun found in the basement of his approved residence and the fact that other family members may have also handled the gun did not preclude defendants constructive possession. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Tyrrell

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0108

    Minor sexual abuse victim properly permitted to testify via CCTV where trial court heard testimony from treating psychotherapist that victim suffered from depression and PTSD, feared facing her abuser in court, and accordingly would be negatively impacted in her ability to testify by defendants presence. Judgment of sentence affirmed.

  • Commonwealth v. Yong

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0107

    Collective knowledge doctrine applicable to justify arrest where arresting officer was working in coordination on execution of search warrant obtained by another officer possessing probable cause for defendants arrest. Order of the superior court reversed.

  • Commonwealth v. Cornwall

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Delaware County
    Judge: Judge Dozor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0090

    Where defendant was specifically put on notice that his work release sentence was based upon eligibility and was not an automatic sentence, he failed to establish an unlawfully induced plea and ineffectiveness of plea counsel. The court recommended affirmance of an order denying defendant relief under the Post Conviction Relief Act.

  • Commonwealth v. Wholaver

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0106

    Brady violation claim dismissed where trial counsel obtained and utilized evidence of commonwealth witnesses legal troubles and subsequent favorable treatment following their cooperation as means to impeach their testimony, since additional impeachment evidence would merely have been cumulative. Order of the PCRA court affirmed.

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  • Commonwealth v. Henchell

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1575

    Even though law enforcement officer was later found to have relied on erroneous information in initiating a traffic stop, the officer had a reasonable suspicion based on the totality of the circumstances. The court denied defendants motions to suppress.

  • Commonwealth v. Diehl

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1517

    Defendant voluntarily consented to blood draw and he was not subjected to any coercion or duress to obtain his consent. The court denied defendants motion to suppress.

  • Commonwealth v. Edwards

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1916

    While the listing of the races and genders of prospective jurors on a peremptory strike sheet did not per se violate the Equal Protection Clause of the Fourteenth Amendment as interpreted by the U.S. Supreme Court in Batson v. Kentucky, defendant established a Batson violation by showing that the commonwealth struck at least one potential juror with discriminatory intent. The appellate court vacated defendants judgment of sentence and remanded.

  • Commonwealth v. Castro

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lycoming
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1516

    A search warrant requesting specifically described photos and videos for a period of approximately one calendar year was not temporally overbroad. The court denied defendants motion to suppress.

  • Commonwealth v. Adams

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0059

    The trial court did not err in denying defendants motion to dismiss charges based on double jeopardy grounds where the evidence supported the trial courts credibility finding that both the police and prosecutorial misconduct that led to a mistrial was unintentional. The appellate court affirmed the trial courts judgment of sentence.