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  • Commonwealth v. Rosario

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 372 MDA 2023

    Evidence was sufficient to find defendant guilty of attempting to cause severe bodily injury where prison inmate launched a surprise assault on a corrections officer that ended only when other corrections officers forcibly pulled defendant off the victim, who had attempted to shield himself on the ground. Judgment of sentence affirmed.

  • Commonwealth v. Bertothy

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 254 WDA 2023

    Neighbors' testimony regarding the annoying or alarming nature of explosion from defendant's property was sufficient to convict defendant of disorderly conduct for making an unreasonable noise. Judgment of sentence affirmed.

  • Commonwealth v. Miller

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 459 WDA 2023

    Victim's ability to get a clear view of defendant over a period of several minutes, which enabled the victim to subsequently accurately describe defendant's appearance, created an independent basis to permit an in-court identification despite police suggestively showing the victim a single photo of defendant. Order of the trial court reversed, case remanded.

  • Commonwealth v. Fletcher

    Publication Date: 2024-01-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 144 WDA 2023

    Search warrant affidavit established probable cause where it described the child pornography materials uploaded by an IP address and verified the association of that address with the residence to be searched. Judgment of sentence affirmed.

  • Commonwealth v. Moore

    Publication Date: 2023-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 43 MDA 2023

    Sexual Offenders Assessment Board evaluator could rely on facts outside of defendant's plea colloquy to form opinion on a sexually violent predator designation, and the trial court could find that a diagnostic opinion citing a condition not listed in the Diagnostic and Statistical Manual Version V indicated that defendant suffered from a mental defect. Judgment of sentence affirmed.

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  • Commonwealth v. Jenkins

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1665 MDA 2022

    Trial court did not abuse its discretion in revoking defendant's Accelerated Rehabilitative Disposition Program acceptance following the filing of charges stemming from a second DUI arrest that occurred prior to entry into ARD where the trial court would have denied defendant's application but for defendant concealing his arrest. Judgment of sentence affirmed.

  • In re Jones

    Publication Date: 2023-10-30
    Practice Area: Personal Injury
    Industry: Financial Services and Banking | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1576 MDA 2022

    Trial court properly vacated 2017 transfer order approving a purchase agreement of petitioner's structured settlement payments in exchange for a lump sum payment because purchaser never made the required lump sum payment and trial court had extraordinary cause to justify its intervention more than 30 days after entry of the 2017 order. Affirmed.

  • 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.

  • Commonwealth v. Evans

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1093 WDA 2022

    Trial counsel was not ineffective for failing to move for suppression of defendant's statements in custody due to the lack of an affidavit of probable cause, where defendant was placed in custody on an unrelated bench warrant and voluntarily waived his rights to speak with investigators from another law enforcement agency. Order of the trial court affirmed.

  • Commonwealth v. Sloan

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1483 WDA 2022

    Court affirmed denial of suppression motion where officer, during lawful traffic stop, had articulable facts besides odor of marijuana to investigate potential intoxicated driving. Judgment of sentence affirmed.