• Commonwealth v. Kapellusch

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 129 WDA 2024

    Appellant appealed the post-conviction relief court's denial of his petition filed pursuant to the Post Conviction Relief Act. The court affirmed, holding that the PCRA court did not err in declining to deem appellant's version of facts admitted where Commonwealth failed to answer appellant's PCRA petition as ordered by the PCRA court.

  • Commonwealth v. Martin

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 791 MDA 2022

    Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.

  • Bailey v. Pennsylvania Parole Bd.

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 871 C.D. 2023

    Petitioner sought review of respondent Pennsylvania Parole Board's order affirming its earlier determination recommitting him as a convicted parole violator. The court affirmed, holding that petitioner forfeited his 569 days of parole street time credit when he was recommitted as a convicted parole violator for subsequent violent crimes.

  • Commonwealth v. Cahill

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 140 MDA 2024

    Appellant appealed from the trial court's judgment of sentence entered on his conviction of crimes charged after he was pulled over for driving with a license plate cover. The court affirmed, holding in pertinent part that the trial court properly denied appellant's motion to suppress where police had probable cause to suspect that he violated the license plate cover law as it existed at the time of the stop.

  • Commonwealth v. Camacho

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 62 EDA 2024

    Appellant appealed the trial court's judgment of sentence entered on his multiple convictions arising from a traffic stop. The court reversed the trial court's denial of appellant's motion to suppress, vacated judgment of sentence, and remanded, holding that no exigent circumstances of officer or public safety supported the warrantless search of appellant's vehicle, which was suspected of having a firearm inside, where appellant and his passenger had been removed from the vehicle and secured at the scene in handcuffs.

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  • Commonwealth v. Reid

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 765 WDA 2023

    Appellant appealed the trial court's judgment of sentence on his convictions for possession with intent to deliver and other narcotics crimes. The court affirmed, holding that appellant failed to demonstrate sentencing error where the trial court imposed guideline sentencing after a hearing in which appellant's counsel emphasized mitigating evidence regarding appellant's background and rehabilitation.

  • Commonwealth v. Drummond

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CR-61-2024

    The court denied defendant's petition for a writ of habeas corpus, granted his motion for disclosure of criminal charges, promises of leniency and/or immunity, and conditionally granted his motion to reserve the right to file additional motions for discovery based on information or discovery provided after the motions hearing.

  • Commonwealth v. Weaver

    Publication Date: 2024-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 552 OF 2023

    The court denied defendant's omnibus pretrial motion which included a request for discovery and inspection of evidence as well as a petition for a writ of habeas corpus in all respects and ruled that the case would remain on the March 2024 criminal jury trial term.

  • Commonwealth v. Payton

    Publication Date: 2024-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Cordero
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 63 of 2024

    The court granted defendant's pre-trial motion for a writ of habeas corpus and dismissed all charges after a preliminary hearing.

  • Commonwealth v. McMillan

    Publication Date: 2024-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 903 OF 2020

    In this § 1925(a) opinion, the court justified the denial of defendant's post-trial motion following his convictions by a jury for murder in the first degree and criminal conspiracy to commit murder for which he was sentenced to life in prison and 20 to 40 years, respectively.