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  • Commonwealth v. Evans

    Publication Date: 2019-01-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1583

    Criminal defendant entitled to file nunc pro tunc motion challenging weight of the evidence after trial court failed to advise defendant of his post-sentence rights on the record. Judgment reversed, case remanded.

  • Commonwealth v. Brown

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1555

    Trial court properly exercised discretion to exclude expert testimony on eyewitness identification where the witnesses' identifications were corroborated by substantial independent evidence. Judgment of sentence affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1550

    Case law holding that retroactive application of SORNA constituted criminal punishment could not apply retroactively to an untimely PCRA petition. Order of the trial court affirmed.

  • Commonwealth v. Quinones

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1556

    Commonwealth erroneously amended criminal information to add different charges that prejudiced defendant by allowing prosecutors to portray defendant as a drug dealer and thereby required defendant to adopt a new defense strategy. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Copenhaver

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1553

    Sheriff's deputy possessed authority to conduct traffic stop for expired vehicle registration where an expired registration, like operating with privileges suspended or revoked, constituted a breach of the peace and deputies had common law powers to enforce the Vehicle Code. Judgment of sentence affirmed.

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  • Commonwealth v. Bernal

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1551

    Trial judge erred in denying motion for recusal where her imposition of a statutory maximum sentence, following vacatur of that sentence, combined with indications that the judge had predetermined the new sentence prior to hearing arguments of counsel and had chastised defense counsel for her vigorous representation of defendant, gave rise to questions about the trial judge's impartiality in the present case. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Postie

    Publication Date: 2018-12-25
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1554

    There was no ineffective assistance of counsel arising from failure to provide appellant with hearing on request to proceed pro se where appellant's subsequent indication to proceed with counsel rendered self-representation request equivocal. Order of the PCRA court affirmed.

  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1532

    Redaction of information from grand jury report that tended to impair reputational rights of individuals named in report but not criminally charged was best available due process remedy, where re-empaneling grand jury and/or directing supervising judge to review new exculpatory and rebuttal evidence was not statutorily authorized. Order of the court affirmed.

  • In re: Appeal of Dist. Attorney's Denial of Private Criminal Complaint of Hamelly

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Evidence
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1531

    District attorney did not abuse discretion in disapproving private criminal complaint alleging violation of Wiretap Act by attorney, where client testified she received no advice to perform the communications intercept and where violations were excepted upon reasonable suspicion that the intercepted party had committed a crime of violence and the intercept would reveal evidence of such crime. Order of the trial court affirmed.

  • Commonwealth v. Venable

    Publication Date: 2018-12-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1533

    Suppression of blood draw results was not required where voluntariness of defendant's consent was not abrogated by police failure to advise of the consequences of refusal to consent, previously ruled unconstitutional, or defendant's subjective belief about the continued effectiveness of such consequences. Judgment of sentence affirmed.