• Commonwealth v. Thorne

    Publication Date: 2022-07-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0752

    The superior court erred in holding that defendant's constitutional challenges to the lifetime registration requirements of the Sex Offender Registration and Notification Act were waived because he only raised them for the first time on appeal. The high court reversed in part and remanded.

  • Commonwealth v. Cooper

    Publication Date: 2022-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0711

    Trial court could not anticipatorily revoke probation where a defendant, who had been sentenced to a consecutive term of probation, committed a criminal act while still on parole. Order of the trial court vacated in part and affirmed in part.

  • White v. Pennsylvania Parole Bd.

    Publication Date: 2022-06-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0674

    Counsel filed petitions for review of Board's recommitting petitioner as a parole violator and to withdraw as counsel and court found petitioner's argument that board relied on hearsay evidence failed since board relied on a certified sentencing document and Unified Judicial System criminal docket and properly calculated petitioner's new maximum sentencing date. Affirmed and counsel's petition granted.

  • Reyes v. Pennsylvania Parole Bd.

    Publication Date: 2022-06-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0687

    Parole board filed preliminary objections and a demurrer to petitioner's violation motion regarding board's failure to hold a parole revocation hearing and court found it had original jurisdiction, it sustained board's demurrer to petitioner's claim that board's failure to hold a hearing violated his right to have that hearing in a timely fashion but found that since board elected not to challenge petitioner's argument related to the interstate agreement on detainers, that portion of his claim had to proceed. Overruled in part, sustai

  • Commonwealth v. Dixon

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0646

    Evidence was sufficient to support conviction for robbery and murder where defendant owned the getaway vehicle and was in possession of stolen property without sufficient explanation for how he came into possession of the victim's property. Judgment of sentence affirmed.

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  • Commonwealth v. Landis

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0650

    Trial court erred in granting new trial based on weight of the evidence challenge where it based its ruling solely on one commonwealth expert witness's testimony and substituted its credibility determinations for that of the jury. Order of the trial court reversed, judgment of sentence reinstated.

  • Gaines v. Superintendent Benner Twp. SCI

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0630

    District court erred in granting defendant's habeas petition asserting ineffective assistance of trial counsel for not objecting to the lack of a no-adverse-inference instruction after defendant chose not to testify and court found trial counsel made a tactical decision that was not objectively unreasonable. Reversed.

  • Commonwealth v Conklin

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0620

    The record demonstrated that defendant's resentencing was not the result of judicial vindictiveness where the trial court simply sought to conform the new aggregate sentence as closely as possible to the intent behind the original aggregate sentence after a misapprehension regarding his original plea. The superior court affirmed.

  • Commonwealth v. Fallon

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0621

    Evidence was sufficient for trial court to find defendant had operated a motor vehicle under the influence of alcohol where defendant had highest rate of intoxication and admitted to police that he had driven to the residence where he was arrested and had consumed alcohol, and his vehicle's engine was still warm. Judgment of sentence affirmed.

  • Commonwealth v. Miller

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0593

    Trial court did not abuse discretion in imposing term-to-life sentence for murder that defendant committed as a juvenile, where trial court expressly considered defendant's mitigating factors and efforts at rehabilitation but found aggravating factors that warranted the sentence. Judgment of sentence affirmed.