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  • Commonwealth v. Jefferson

    Publication Date: 2019-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1227

    The trial court properly found that current prosecutions against defendant for attempted burglary in one case and receipt of stolen property and unauthorized use of a vehicle in a second were not barred by double jeopardy as there was no logical nexus between these cases and another set of cases in which defendant pled guilty to criminal mischief. The appellate court affirmed an order denying defendant's motion to bar prosecution.

  • Commonwealth v. Brogdon

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1202

    Motion to suppress correctly denied where police had probable cause to arrest defendant as a suspect in an unrelated crime and therefore could search defendant incident to the arrest. Judgment of sentence affirmed.

  • Commonwealth v. Hunt

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1207

    Trial court erred in ordering restitution to a limited liability company where the restitution statue at the time of the offense and at sentencing excluded corporate entities from the definition of a victim eligible for restitution. Order of the trial court reversed, sentence vacated, case remanded.

  • Commonwealth v. Platt

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1187

    The court denied defendant's petition for post-conviction relief, because he did not demonstrate ineffective assistance of trial counsel and he failed to establish the reliability of recanted testimony.

  • Commonwealth v. Muhammed

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1204

    Trial court imposed illegal sentence of restitution where sentencing order imposed restitution while deferring the amount of restitution and method of payment to a later decision. Judgment of sentence vacated, case remanded.

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  • Commonwealth v. Batista

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1203

    The odor of fresh marijuana could still give rise to probable cause for a search warrant despite the legalization of medical marijuana when only a small number of growers were permitted to grow marijuana in the state such that the odor gave rise to a fair probability that the marijuana was illegal. Judgment of sentence affirmed.

  • Commonwealth v. Perez

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1205

    Dismissal of murder charge affirmed where evidence insufficient to establish prima facie case of probable cause that defendant was the individual who committed the stabbing murder of the victim, as there were no witnesses of the stabbing, no weapon was recovered from defendant, and defendant's action did not evidence a guilty mind. Order of the trial court affirmed.

  • Commonwealth v. Taylor

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1188

    A law enforcement officer lacked probable cause for a traffic stop, so the court granted defendant's motion to suppress based on the "fruit of the poisonous tree" doctrine.

  • Commonwealth v. Bishop

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1201

    Defendant waived appellate argument by failing to argue before the trial court that a state constitutional provision should be construed more broadly than the federal counterpart. Order of the superior court affirmed.

  • Commonwealth v. Turpin

    Publication Date: 2019-10-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1174

    Roommate not named in search warrant for entire residence could have private bedroom subjected to search under warrant, despite expectation of privacy, so long as police reasonably believed items to be seized would be found in bedroom. Order of the superior court affirmed.