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  • Commonwealth v. Salter

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 253 WDA 2022

    Trial court did not abuse discretion in imposing aggravated sentence for defendant's lack of remorse at trial, where defendant waived right against self-incrimination by testifying at trial and where other independent evidence supported a finding that defendant had a callous disregard for the victim's life. Judgment of sentence affirmed.

  • Commonwealth v. Powell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 699 MDA 2022

    Challenge to legality of sentence due to purported failure to allege element of convicted offense in criminal information constituted a cognizable claim under the PCRA, rendering petition filed 20 years after judgment of sentence patently untimely. Order of the trial court affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1185 WDA 2021

    Rules of criminal procedure required dismissal of vehicle code infraction case due to citing officer's failure to appear for trial de novo, even though defendant also failed to appear. Judgment of conviction and sentence vacated, case dismissed.

  • Commonwealth v. Troell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 567 MDA 2022

    Trial court properly applied an offense gravity score of 12 when sentencing appellant for aggravated indecent assault of a child because appellant entered a guilty plea under 18 Pa.C.S.A. §3125(b) and did not contest the factual basis supporting the charge, that he penetrated the complainant when she was less than 13 years of age and without her consent. Affirmed.

  • Commonwealth v. Spence

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1977 EDA 2022

    Police had probable cause to stop vehicle that turned around from checkpoint when officers observed multiple violations of the motor vehicle code as the vehicle turned around and left the checkpoint area. Judgment of sentence affirmed.

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  • Commonwealth v. Coniker

    Publication Date: 2023-03-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23 WDA 2022

    Harassment conviction sustained where there was sufficient evidence to find that defendant had communicated threats of violence with weapons that caused the lockdown of a court office and also caused law firm office staff to flee their office. Judgment of sentence affirmed in part, vacated and reversed in part.

  • Commonwealth v. Carrera

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 694 MDA 2022

    Defendant's sentencing as a third-strike offender was based on the facts of his prior convictions, which were offenses enumerated in the Three Strikes Law; therefore, the trial court's imposition of an enhanced sentence on his most recent convictions was constitutional. The appellate court affirmed.

  • Commonwealth v. Stoops

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 459 MDA 2022

    The trial court did not err in ordering defendant to pay restitution as part of his sentence resulting from an unlawful car chase where defendant's flight from police was the but-for cause of the damage to police vehicles. The appellate court affirmed.

  • Commonwealth v. Lear

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 700 EDA 2022

    Trial court erred in denying Rule 600 motion to dismiss based on judicial emergency orders, where several of the orders expressly declared a court postponement, requiring the trial court to determine whether the commonwealth exercised diligence in bringing defendant to trial. Denial of motion to suppress affirmed, case remanded for new Rule 600 hearing.

  • Commonwealth v. Stahl

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1522 WDA 2021

    Successive PCRA petition was untimely filed outside the one-year deadline, and governmental interference and newly discovered facts exceptions did not apply where appellant already knew of the facts underpinning his claims related to his all-female jury, nor could an untimely petition be used to assert a claim of ineffective assistance of PCRA counsel. Order of the trial court affirmed.