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  • Commonwealth v. Edwards

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1014

    Superior court properly interpreted merger statute to require only evaluating the statutory elements of offenses rather than the specific factual circumstances of committed offenses in determining whether to merge convictions. Judgment of the superior court affirmed.

  • Commonwealth v. Simmons

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1019

    Trial court could not revoke a concurrent sentence of probation that had not yet started when defendant committed new criminal offenses. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Cobbs

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1012

    Defendant's conviction for assault by a life prisoner and resulting second life sentence could not stand where the lower court had vacated his predicate sentence of life imprisonment based on precedent barring the imposition of life sentences upon juvenile offenders. The high court reversed.

  • Commonwealth v. Rogers

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1017

    Trial court's weight-of-the-evidence review of its bench trial verdicts was subject to an abuse of discretion standard on appeal. Judgment of sentence affirmed.

  • Commonwealth v. Jordan

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1018

    Inconsistent verdicts from simultaneous jury and bench trials did not run afoul of double jeopardy protections where a defendant was being subjected to only one prosecution and inconsistent verdicts were generally permissible. Judgment of the superior court affirmed.

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    New York Attorney Discipline: Practice and Procedure 2024

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  • Commonwealth v. Burke

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1013

    Where the lower courts violated state precedent by relying exclusively on hearsay evidence at preliminary and habeas corpus hearings to find that the commonwealth established a prima facie case against defendant, the proper remedy was discharge without prejudice for the commonwealth to recharge defendant within the unexpired statute of limitations. The superior court reversed.

  • Commonwealth v. Munson

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0987

    The trial court erred in finding that the commonwealth failed to establish a prima facie case of animal cruelty and related charges where the evidence established that defendant was present at the location of a dog fight and other evidence supported a reasonable inference that he received cash for participating in, or possessed cash for wagering on, that dogfight. The superior court reversed and remanded.

  • Commonwealth v. Rawls

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0984

    Law enforcement agents did not violate defendant's constitutional rights when, while issuing him Miranda warnings during an interrogation, they failed to specifically apprise defendant that criminal charges already had been filed against him. The high court affirmed.

  • Commonwealth v. Dixon

    Publication Date: 2021-08-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0956

    The trial court erred in instructing the jury that one of the prerequisites necessary to establish the crime of witness intimidation as a first-degree felony had been fulfilled as that instruction violated defendant's right to a jury trial under the U.S. Constitution as interpreted in Apprendi v. New Jersey. The high court reversed.

  • Commonwealth v. Lowmiller

    Publication Date: 2021-08-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0907

    Trial court erred in permitting introduction of prior conviction to rebut mistake-of-age defense where prior offense had little factual similarity to the present case. Judgment of sentence reversed, case remanded for new trial.