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  • Commonwealth v. Greenlee

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0751

    The commonwealth failed to prove beyond a reasonable doubt that defendant was prohibited from possessing a firearm under 18 Pa.C.S. §6105 where it offered as evidence only a parole order that did not demonstrate defendant had committed any of the disqualifying offenses in §6105(b). The appellate court reversed and remanded.

  • Commonwealth v. Adams-Smith

    Publication Date: 2019-05-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0629

    Pursuant to recent case law questioning the retroactive application of sex offender registration requirements under the under Sexually Violent Registration and Notification Act to offenses committed before the act's effective date, the imposition of registration requirements upon defendant violated the ex post facto clauses of both the state and federal constitutions. The appellate court vacated in part.

  • Conway v. Conway

    Publication Date: 2019-05-20
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0580

    The trial court erred in denying wife's proposed qualified domestic relations order securing her post-divorce rights to husband's public servant pension plan as set forth in their marital settlement agreement as the agreement took effect before the pension plan was amended to eliminate certain rights of former spouses. The appellate court reversed and remanded.

  • Commonwealth v. Jezzi

    Publication Date: 2019-05-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0551

    Contrary to defendant's assertion, the Medical Marijuana Act, which created a temporary program for qualified persons to access medical marijuana, did not conflict with the Controlled Substance, Drug, Device and Cosmetic Act and thus require declassification of marijuana as a controlled substance. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Beatty

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0479

    The trial court erred in holding defendant's second petition for relief under the Post Conviction Relief Act in abeyance, pending the outcome of his appeal from the denial of his first PCRA petition, and then reinstating the second petition for review on the merits without a jurisdictional analysis. The appellate court affirmed the denial of post-judgment relief on other grounds.

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  • Commonwealth v. Kremer

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0362

    Trial court erred in "correcting" 20-year-old written sentencing order where trial court's original oral sentencing decision was ambiguous due to internal conflicts in the terms of the oral decision, requiring the written decision to prevail. Order of the trial court reversed, case remanded.

  • Commonwealth v. Bickerstaff

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0265

    Trial counsel was ineffective for failing to protect defendant from an enhanced sentence on the charge of attempted murder with serious bodily injury where the commonwealth did not give defendant notice of its intent to prove serious bodily injury related to attempted murder. The appellate court vacated defendant's judgment of sentence and remanded for resentencing.

  • Commonwealth v. Ballance

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0176

    Where defendant filed an untimely petition for relief under the Post Conviction Relief Act, the PCRA court had no jurisdiction to restore defendant's direct appeal rights nun pro tunc via the untimely petition. The appellate court dismissed defendant's appeal from an order denying him post-conviction relief.

  • Commonwealth v. Postie

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1554

    There was no ineffective assistance of counsel arising from failure to provide appellant with hearing on request to proceed pro se where appellant's subsequent indication to proceed with counsel rendered self-representation request equivocal. Order of the PCRA court affirmed.

  • Commonwealth v. Ramos

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1259

    Pursuant to 18 Pa.C.S.§1106, the trial court lacked authority to impose upon defendant a generalized, open-ended sentence of restitution while leaving the amount and method of payment for a later date. The appellate court vacate and remanded.