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  • Commonwealth v. Smith

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1910 EDA 2022

    Evidence was insufficient to support assault and conspiracy charges against off-duty police officer where complainant admitted that officer suspected the complainant of criminal activity and knocked the complainant off his feet to stop his flight from the officer. Order of the trial court affirmed.

  • Commonwealth v. Walker

    Publication Date: 2023-10-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 376 WDA 2022

    Commonwealth could ask prospective jurors whether they believed that an alleged rape victim's testimony alone was sufficient to find a defendant guilty beyond a reasonable doubt where such questioning was relevant to identify jurors who held the untenable belief that proof beyond a reasonable doubt required forensic evidence or other corroborating evidence. Judgment of sentence affirmed.

  • Commonwealth v. Torres

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 MDA 2022

    Mandatory minimum sentence for rape conviction for offense committed as a juvenile was not per se unconstitutional, where constitutional protections for juveniles only concerned mandatory life sentences. Judgment of sentence affirmed.

  • Commonwealth v. Ochoa

    Publication Date: 2023-10-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1216 EDA 2022

    Trial court erred in denying suppression motion where officers retained driver's license after resolving DUI investigation, rendering defendant unable to leave the traffic stop and forcing him to be subjected to a second investigatory detention for drug possession unsupported by reasonable suspicion. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Felix

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3104 EDA 2022

    Allegations of ineffective assistance of plea counsel were belied by defendant's plea colloquies which demonstrated that defendant voluntarily and intelligently entered guilty pleas. Order of the PCRA court affirmed.

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  • Commonwealth v. Lowe

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 868 WDA 2022

    Trial court lacked authority to authorize parole before expiration of minimum sentence for Recidivism Risk Reduction Incentive program-ineligible defendant sentenced to a maximum term of two or more years. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Watkins

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2209 EDA 2021

    Use of license plate reader system did not constitute Fourth Amendment search since drivers had no reasonable expectation of privacy in their license plate number or the location of their vehicle in public, and LPR systems could not provide real-time or constant location information unlike GPS trackers. Judgment of sentence affirmed.

  • Chappell v. Powell

    Publication Date: 2023-10-16
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 253 WDA 2023

    Trial court erred in dismissing the complaint due to lack of diligent efforts at service of process, which effectively contradicted the trial court's prior implicit finding of good faith effort and due diligence in granting plaintiff's motion for alternative service. Order of the trial court reversed, case remanded.

  • Commonwealth v. Hamilton

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1141 WDA 2022

    Trial counsel erred in failing to object to motion to join separate theft and shooting cases where evidence of the theft was completely irrelevant to the issue of malice or self-defense in the shooting case. Order of the PCRA court reversed, remanded for new trial.

  • In re Sletten Family Trust

    Publication Date: 2023-10-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 408 EDA 2022

    Parties cross-appealed orphans' court's decision surcharging co-trustees for payments made on mortgages under a trust and court found co-trustee committed a breach of fiduciary duty and was properly surcharged, orphans' court properly denied attorney fees and sanctions but erred in calculating the final amount to be distributed. Affirmed in part and reversed in part.