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  • Commonwealth v. Cline

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1915

    The jury properly found defendant guilty of violating the Wiretapping and Electronic Surveillance Control Act where he knowingly and intentionally recorded a courthouse custody conference with his cell phone without the attendees permission, regardless of whether defendant knew the law proscribed such acts. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Torres

    Publication Date: 2018-01-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0063

    Trial court erred in failing to suppress evidence seized pursuant to a search warrant of a home, where the supporting affidavit failed to provide probable cause to believe that connecting evidence would be found at the home as the defendant and the instrument of crime were seized at the scene. Judgment of sentence vacated, remanded for new trial.

  • Commonwealth v. Sweitzer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0013

    The evidence produced at trial was sufficient for the jury to reasonably infer that defendant constructive possession of the drugs and drug paraphernalia found in a vehicle driven by another individual given his suspicious behavior and the location of the contraband within defendants immediate reach. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Sperber

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1901

    Motion to suppress evidence from warrantless search properly denied where parole officers had reasonable suspicion to search parolees person and vehicle due to corroborated tip that parolee possessed an internet-capable smartphone in violation of his parole, and where parolee expressly consented to search. Judgment of sentence affirmed.

  • Commonwealth v. Felder

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1897

    The trial court properly convicted defendant of contempt for violating a protection from abuse order where the evidence supported a finding that his intentional actions in twisting his wifes fingers to the point of injury rose to the level of abuse. The court affirmed defendants judgment of sentence.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Commonwealth v. Williams

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1904

    Evidence that defendant fired a gun at a vital organ of the victim was sufficient evidence for the jury to infer defendants intent to kill and malice for first-degree murder and aggravated assault convictions. Judgment of sentence affirmed.

  • Commonwealth v. Garms

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1519

    The court refused to suppress the test results of a blood draw taken from defendant on the night she was arrested on suspicion of driving under the influence of alcohol where defendant provided voluntary consent to the blood draw. The court denied defendants motion to suppress.

  • Commonwealth v. Portanova

    Publication Date: 2017-12-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1799

    The court denied a motion to suppress the results of a chemical blood test where the defendant voluntarily consented to the testing.

  • Commonwealth v. Masker

    Publication Date: 2017-12-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1797

    The court denied defendants motion to suppress with regard to chemical test results following a traffic stop where the court found no evidence of coercion and defendant voluntarily signed a form consenting to a blood draw.

  • Commonwealth v. Chmiel

    Publication Date: 2017-12-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1808

    PCRA petition was timely under newly-discovered fact exception where defendant asserted FBIs novel admission that its microscopic hair analysis was scientifically. Order of the PCRA court reversed.