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  • Commonwealth v. Hudson-Greenly

    Publication Date: 2021-03-08
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0244

    The trial court properly allowed the minor victim to testify by a contemporaneous alternative method where the victim's testimony, coupled with the trial court's observations, supported a finding that defendant's presence would have caused the victim serious emotional distress and impaired her ability to communicate in the courtroom. The superior court affirmed.

  • Commonwealth v. Sami

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0009

    Prior bad acts evidence of drug use properly excluded from evidence where commonwealth failed to present evidence defendant had ingested drugs prior to or was under the influence of drugs at the time of the offense. Order of the trial court affirmed.

  • Commonwealth v. Leone

    Publication Date: 2021-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1432

    Where supreme court held that sexually violent predator designation did not constitute criminal punishment, appellant, who had committed underlying criminal conduct prior to the Sex Offender Registration and Notification Act's effective date, could not challenge the imposition of SVP designation following his conviction. Judgment of sentence affirmed.

  • Commonwealth v. Donoughe

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1434

    Pretrial motion to dismiss charges due to law enforcement's destruction of dashcam footage of defendant's traffic stop was denied where, because such evidence could only be deemed potentially useful, defendant had failed to show the footage was deleted or destroyed by commonwealth in bad faith. Judgment of sentence affirmed.

  • Commonwealth v. Frame

    Publication Date: 2020-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1408

    U.S. Supreme Court precedent requiring judicial recusal due to conflict of interest announced a new procedural rule of constitutional law that did not apply retroactively, and thus could not support untimely PCRA petition. Order of the PCRA court affirmed.

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  • Commonwealth v. Dolan

    Publication Date: 2020-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1207

    In conformity with Commonwealth v. McClelland, wherein the state high court found that Pa.R.Crim.P. 542(E) could not be construed to mean that hearsay evidence alone suffices to establish a prima facie case at a preliminary hearing, the superior court affirmed an interlocutory order granting defendant's petition for writ of habeas corpus which asserted that his due process rights were violated at his first preliminary hearing. The superior court affirmed.

  • Commonwealth v. Davis

    Publication Date: 2020-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1209

    Where police secured a search warrant for the historical cell-site location records for defendant's phone after the U.S. Supreme Court's ruling in Carpenter v. U.S, the seizure via execution of the search warrant purged the taint of any original illegality since the records would have been ultimately discovered by lawful means. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Williams

    Publication Date: 2020-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1136

    Trial court erred in nullifying defendant's pro se post-sentence letters as improper hybrid representation where defendant could not afford to continue to pay private legal counsel, which remained official counsel of record, such that defendant was effectively unrepresented during the post-sentencing phase. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Brown

    Publication Date: 2020-10-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1100

    The trial court did not err in imposing a guideline range sentence of incarceration upon defendant, who pled guilty to driving under the influence in violation of 75 Pa.C.S. §3802(a)(2), as there was no support for his assertion that the mandatory minimum sentencing provision within 75 Pa.C.S. §3804(a)(1) represented the only sentence available in such cases. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Bonnet

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1068

    The trial court did not err in denying defendant's application for a Frye hearing where the defense made no showing that a fire investigation expert's testimony was based on novel scientific evidence and, thus, the trial court had no "articulable grounds" to believe that the expert failed to apply an accepted scientific methodology. The superior court affirmed.