• Commonwealth v. Stansbury

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1116

    Court could consider appeal filed with single notice from multiple dockets where PCRA court erroneously advised appellant he could file single notice of appeal, but petition was correctly dismissed where appellant's issues were already litigated on direct appeal. Order of the PCRA court affirmed.

  • Commonwealth v. Ostovich

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1103

    The court denied a motion to suppress because police had a reasonable suspicion for making a traffic stop. Defendant was entitled to habeas corpus relief on one charge, but not the other.

  • Commonwealth v. Dejarnette

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1109

    The trial court did not err in sentencing defendant to three mandatory-minimum terms of incarceration pursuant to 18 Pa.C.S. §111(h) where the commonwealth gave defendant notice prior to trial of its intent to seek mandatory-minimum terms and the criminal informations at issue clearly charged defendant with multiple offenses under §6111. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Price

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1074

    Police lacked probable cause to arrest defendant for obstructing the administration of law, so the court granted defendant's motion to suppress and her request for habeas corpus relief.

  • Passarella v. Bd. of Probation & Parole

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1089

    Board erred in revoking 102 days of street time credit previously awarded to petitioner as a technical parole violator when recommitting him as a convicted parole violator because that was contrary to the holding in Penjuke v. Bd. of Probation and Parole, 203 A.3d 401. Reversed in part.

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  • Commonwealth v. Donnelly

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1015

    The commonwealth failed to show defendant was driving at an unsafe speed, so the court granted a motion to suppress evidence obtained from an unlawful traffic stop, but denied habeas corpus relief.

  • Commonwealth v. Kennedy

    Publication Date: 2019-09-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1092

    No double jeopardy violation where the trial court sua sponte declared a mistrial in the first trial after the jury was confronted by defendant's girlfriend, who was a potential defense witness, after which jurors expressed feeling intimidated and noted their concerns over whether they could fairly judge her credibility if she testified. Order of the trial court affirmed.

  • Commonwealth v. Forsythe

    Publication Date: 2019-09-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1022

    The trial court erred in suppressing evidence obtained as a result of an officer's investigation and vehicle stop in a jurisdiction outside that of his own department where the officer was acting in aid of a county narcotics enforcement unit and participating in authorized extraterritorial action in accordance with the newly amended §8953 of the Municipal Police Jurisdiction Act. The appellate court revered and remanded.

  • Plummer v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-09-02
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1033

    Board properly denied petitioner credit for time served when recommitting him as a convicted parole violator because board's explanation that it denied street time due to petitioner's "prior history of supervision failures" was sufficient, petitioner had notice and there was record evidence to support the board's reason. Affirmed.

  • Farlow v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0996

    Parole violator not entitled to credit for time served on parole board's warrant where credit was correctly allocated to parolee's sentence arising from new criminal charges. Order of the board of probation and parole affirmed.