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  • Commonwealth v. Gary-Ravenell

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1171

    The trial court imposed an illegal sentence upon defendant where it subjected him to a fine as an additional sentence without assessing his ability to pay that fine in accordance with the statutory requirements of 42 Pa.C.S. §9726(c)(1). The appellate court vacated and remanded.

  • Commonwealth v. Print

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1132

    Where the arresting officer did not provide any details as to what Miranda warning he gave defendant, there was no indication that police properly advised defendant of his Miranda rights and no evidence that defendant knowingly, intelligently and voluntarily waived his right against self-incrimination. The court granted in part defendant's motion to suppress.

  • Commonwealth v. Petrick

    Publication Date: 2019-10-07
    Practice Area: Bankruptcy | Criminal Law
    Industry: Construction
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1176

    Restitution orders could not be discharged in bankruptcy since they served criminal justice goals and were therefore exempt from discharge under the code. Order of the superior court affirmed.

  • Commonwealth v. Ligon

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLauglin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1173

    Trial court abused its discretion in dismissing charges when prosecution advised trial court that complaining witnesses were en route to the courthouse and that it was ready to begin presenting its case. Order of the trial court reversed, case remanded.

  • Commonwealth v. Ford

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1172

    The intermediate appellate court correctly held that §9726(c) of Pennsylvania's Sentencing Code requires record evidence of a defendant's ability to pay a fine imposed as part of his sentence, even where the defendant agrees to the amount of the fine in a negotiated guilty agreement. Affirmed in part and reversed in part.

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  • Dantzler v. Wetzel

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1142

    Court lacked jurisdiction over inmate's petition where court could not review prison's misconduct determination and where inmate had failed to identify a legally cognizable personal or property interest entitling him to due process. Preliminary objections sustained.

  • Commonwealth v. Knox

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1138

    The trial court did not err in denying defendant's motion to suppress his statement to police where the commonwealth established defendant's knowing and intelligent waiver of his Miranda rights, even though he had at one point been found incompetent to stand trial. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth of Pennsylvania v. Lineman

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1140

    Evidence was sufficient to convict for illegal possession of firearm where officers credibly testified that defendant held firearm in a position to fire, undercutting defendant's assertion of duress or self-defense. Judgment of sentence affirmed.

  • Commonwealth v. Bernard

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1111

    The trial court imposed upon defendant an illegal sentence for criminal attempt to deliver a controlled substance and possession with intent to deliver since the sentences should have merged because the crimes arose from the same criminal episode and one of the crimes was a lesser-included offense. The appellate court affirmed defendant's conviction but vacated his sentence and remanded for resentencing.

  • Commonwealth v. Urwin

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1112

    PCRA petition denied where defendant failed to provide evidence to support his allegation that the trial judge was under the influence of cocaine during defendant's trial. Order of the PCRA court affirmed.