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  • Commonwealth v. Williams

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1049

    Trial court erred in revoking state intermediate punishment sentence following the repeal of the revocation statute where the replacement statute did not contain a savings clause preserving revocation. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Howard

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1048

    A parent riding with their young child in a car-for-hire that did not have a child car seat installed did not, without more, support a conviction for endangering the welfare of a child.

  • Commonwealth v. Carr

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1046

    Trial court erred in imposing conditions of probation for a sex offense that included restrictions on contact with minors and use of internet-capable devices, where there was no nexus between the crime of conviction and those restrictions, with the trial court citing defendant's still-pending charges in another jurisdiction to support imposing those restrictions. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Dula

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1047

    Trial court did not err in admitting testimony regarding severely disabled indecent assault victim's sounds and other non-verbal behaviors where, in conjunction with appellant's unusual behaviors after being caught in a compromising position with the victim, the jury could infer that an assault had taken place. Judgment of sentence affirmed.

  • Commonwealth v. Prizzia

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1041

    The trial court properly found that police had probable cause to stop defendant's vehicle for a violation of 75 Pa.C.S. § 4524(e)(1), i.e., illegally tinted windows, where the evidence established that the windows of defendant's car were so darkly tinted that police could not see inside. The appellate court affirmed.

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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.