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  • Commonwealth v. Walls

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0360

    Police had reasonable suspicion of DUI to conduct traffic stop where multiple officers witnessed defendant's vehicle weave across the double-yellow line and fog line in a manner indicative of a driver under the influence. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0363

    Evidence sufficient to support finding bodily injury and mens rea for simple assault where defendant hit victim with sufficient force and for a long enough period to cause the victim to cry; it was not necessary to prove the victim complained of pain or was left with bruises or marks. Judgment of sentence affirmed.

  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Green

    Publication Date: 2019-02-26
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0196

    The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. McClelland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0202

    A criminal defendant could not be convicted of conspiracy to commit homicide where homicide was not an object of the defendant's burglary conspiracy and a conspiracy to commit homicide could not arise as a natural and probable consequence of another completely different conspiracy. Judgment of sentence reversed in part, case remanded.

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  • Commonwealth v. Mbewe

    Publication Date: 2019-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0183

    Conviction affirmed where trial court sitting as factfinder could accept photo array identification based around defendant as victims identified defendant's first name and defendant was known to police to associate with his definitively identified co-defendant. Judgment of sentence affirmed.

  • Commonwealth v. Shaw

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0153

    Discharge of a firearm or BB gun in close proximity to neighbors and bystanders was sufficient to support a conviction for recklessly endangering another person. Judgment of sentence affirmed.

  • Commonwealth v. Price

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0157

    Stop and frisk supported by reasonable suspicion when police responded a minute after receiving a 911 call, which provided a matching description and indicated the subject's movements, inferring a contemporaneous observation and, with the tracking and recording of 911 calls, making it sufficiently reliable. Judgment of sentence affirmed.

  • Estate of Roman v. City of Newark

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0163

    District court erred in dismissing appellant's §1983 claims against the city and police officers alleging a policy of unconstitutional searches, inadequate training and poor supervision and discipline based on the warrantless search of an apartment because appellant sufficiently alleged municipal liability against the city for inadequate police training, discipline and supervision. Vacated.

  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.