Filter This View

  • Commonwealth v. Talley

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0039

    Commonwealth was required to have a "substantially more likely than not" standard of proof, situated between prima facie and beyond a reasonable doubt, to deny bail to a criminal defendant. Judgment of the superior court affirmed.

  • Commonwealth v. James

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0047

    Appellant appealed his conviction and sentence for simple assault, recklessly endangering another person and discharging a firearm into an occupied structure and court found the garage involved in the incident qualified as an occupied structure. Affirmed.

  • Commonwealth v. McCabe

    Publication Date: 2022-01-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0036

    The lower courts correctly interpreted the procedural requirements for problem-solving courts such as a Veterans Treatment Court as being distinct from Accelerated Rehabilitative Disposition and, thus, properly found that Chapter 3 of the Pennsylvania Rules of Criminal Procedure did not apply to the disposition of defendant's case. The high court affirmed.

  • Commonwealth v. DiStefano

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0016

    Superior court erroneously overruled trial court's evidentiary ruling when superior court failed to explain how trial court abused its discretion in excluding evidence after finding that its risk of prejudice outweighed any probative value. Judgment of the superior court vacated, case remanded.

  • Commonwealth v. Young

    Publication Date: 2022-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0013

    Although failure to file separate notices of appeal at each docket number meant that an appeal was not perfected, Pa.R.A.P. allowed appellate courts to exercise discretion to remand the case to allow the appellant to correct its error. Order of the superior court reversed and remanded.

  • Law Journal Press | Digital Book

    Delaware County Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • Fultze v. Pennsylvania Parole Bd.

    Publication Date: 2022-01-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1506

    Petitioner appealed board's decision rescinding his parole to the court via a pro se petition for review even though board had not ruled on his administrative remedies form and court found it lacked jurisdiction to consider the appeal since it was filed prematurely. Petition quashed.

  • Commonwealth v. Page

    Publication Date: 2022-01-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1426

    Defendant's Post Conviction Relief Act petition lacked merit where he failed to explain how trial counsel's alleged failure to follow up on questions regarding his occupation as a drug dealer presented a potential for success at trial substantially greater than the course counsel actually pursued. The court recommended affirmance.

  • Commonwealth v. King

    Publication Date: 2021-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1496

    Unintentional error in failing to recognize significance of evidence favorable to defense and turn over the evidence did not rise to the level of prosecutorial overreach that warranted application of the double jeopardy rule. Order of the trial court reversed, case remanded.

  • Maple v. Superintendent Albion SCI

    Publication Date: 2021-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1491

    District court erred in granting defendant's habeas petition based on a Miranda violation because the evidence against defendant was very strong and even if trial court should have suppressed his confession, any error was harmless. Reversed.

  • Commonwealth v. Wharton

    Publication Date: 2021-12-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1444

    As-applied constitutional challenge to PCRA time bar failed where petitioner had not explained why he could not bring his petition within the time bar or under any of the statutory exceptions to the time bar. Order of the PCRA court affirmed.