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  • Commonwealth v. Mullen

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1638

    Law enforcement had a reasonable belief that defendant was at a residence based on an anonymous tip, a photograph, and a view of defendant through a window of the residence. The court denied defendants motion to suppress.

  • Commonwealth v. Butler

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1701

    In this case of first impression, the court ruled that §9799.24(e)(3) of the Sexual Offender Registration and Notification Act violated the federal and state constitutions because it increased the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt. The court vacated an order finding defendant to be a sexually violent predator and remanded for notice under 42 Pa.C.S. §9799.23.

  • Commonwealth v. Wilt

    Publication Date: 2017-11-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1641

    The court denied a criminal defendants motion to suppress the results of a blood test, because defendants consent was voluntary even though the form he signed had the criminal penalties blacked out.

  • Commonwealth v. Robinson

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1502

    Defendants petition for post-conviction relief was not timely, and he was not entitled to retroactive relief based on subsequent case law because defendant had not preserved the issue through direct appeal.

  • Commonwealth v. Tavarez

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1706

    Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.

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  • Commonwealth v. Peralta

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1707

    Trial court did not have discretion to entertain defendants assertion of involuntariness in failure to appear at de novo appeal from conviction in Philadelphia Municipal Court, and did not abuse discretion in affirming judgment of sentence. Judgment of sentence affirmed.

  • Commonwealth v. Bailey

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1630

    A criminal defendant claimed she had ineffective assistance of counsel and that her guilty plea was not made voluntarily, intelligently or knowingly. The court held that defendants claim merited a hearing to determine whether there was a sufficient factual basis to establish her guilt and whether counsel was ineffective.

  • Commonwealth v. Rotola

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1703

    Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Rodriguez

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1682

    Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.

  • In the Interest of BNK

    Publication Date: 2017-11-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1634

    The court suppressed evidence obtained from a traffic stop where the scope of evidence seized unconstitutionally exceeded the reason for the stop.