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  • Commonwealth v. Blount

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0482

    There was valid authority for the sentencing court to impose upon defendant, a juvenile lifer, a maximum sentence of life imprisonment for his first-degree murder convictions given the state high court's 2017 decision in Commonwealth v. Batts. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Allen

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0386

    The constable who detained defendant on suspicion of driving under the influence acted within his common law powers to detain defendant based on an in-presence breach of the peace since defendant's conduct - driving at a high rate of speed and going over the embankment while under the influence - constituted a "breach of the peace" as understood at common law. The appellate court affirmed defendant's judgment of sentence.

  • 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. Prieto

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0361

    SORNA sentence not unconstitutional where offender was sentenced according to standard tier-based system rather than under enhanced sentence since offender was not designated a sexually violent predator, and where the legislature could impose a limited incarceration period and a limitless registration period for the same sex offense. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Commonwealth v. Martin

    Publication Date: 2019-03-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0320

    Although a punitive measure, a sex offender registration requirement under SORNA could be longer than the statutory sentencing maximum for the underlying criminal conviction because sex offender registration was unconnected to sentencing maximums. Judgment of sentence affirmed.

  • Ludwig v. McDonald

    Publication Date: 2019-03-11
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0278

    Trial court properly found that liability could not attach to employer for employee driver's negligent driving because driver was on vacation and was traveling in his personal vehicle to pick up his personal tools to use on his personal project at the time of the accident. Affirmed.

  • Commonwealth v. Leaner

    Publication Date: 2019-01-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0080

    Evidence of causation sufficient to support murder conviction where another medical examiner, after reviewing the victim's autopsy and medical records, reached an independent conclusion that the victim died from injuries inflicted by defendant and that the victim's subsequent care which kept him alive for several months did not attenuate defendant's criminal liability. Judgment of sentence affirmed.

  • Commonwealth v. Hill

    Publication Date: 2019-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0076

    Recent newspaper articles regarding the suspension of a specific police officer and the entry of a civil judgment against two other officers did not constitute newly discovered facts that would save defendant's untimely second petition for relief under the Post Conviction Relief Act where defendant had long before demonstrated an awareness of these reports. The court affirmed defendant's judgment of sentence.

  • Commonwealth v. Luciani

    Publication Date: 2019-01-15
    Practice Area: Constitutional Law | Criminal Appeals | Legislation
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0018

    Since application of the Sex Offender Registration and Notification Act would inflict greater punishment upon defendant than the law in effect when he committed the crimes, the statute could not be applied retroactively to him without violating the ex post facto clause of the state constitution. The appellate court vacated in part defendant's judgment of sentence.