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  • Commonwealth v. Brown

    Publication Date: 2018-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1328

    Commonwealth's confession of error on an allegation of ineffective assistance of penalty phase counsel could not obviate court's obligation to conduct judicial review of defendant's claim and defendant's obligation to prove merits of claim. Order of the PCRA court affirmed.

  • Commonwealth v. Montanez-Castro

    Publication Date: 2018-11-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1326

    Commonwealth presented sufficient evidence to convict defendant of luring a child into a vehicle where he offered minors bottled drinks that he held close to his body while sitting inside his vehicle such that the minors would have to enter defendant's area of control near or inside his vehicle. Judgment of sentence affirmed.

  • Stroud v. Pennsylvania Bd. of Prob. & Parole

    Publication Date: 2018-11-06
    Practice Area: Administrative Law | Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1327

    Parole board did not err in permitting convicted parole violator to first serve federal sentence where board lacked authority to retrieve parolee from federal custody to attend revocation hearing and serve new state sentence. Order of the Board of Probation and Parole affirmed.

  • Commonwealth v. DeCosta

    Publication Date: 2018-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1284

    Where the commonwealth failed to prove by a preponderance of the evidence that defendant was absent from his trial without cause, the trial court erred in denying defense counsel's request to stay the return of verdict, thereby violating defendant's statutory right to be present. The appellate court reversed and remanded.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

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  • Commonwealth v. Bergamasco

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1286

    The trial court properly granted defendant's motion to suppress evidence where the arresting officer's extra-jurisdictional stop of defendant violated the Municipal Police Jurisdiction Act in the absence of evidence that she was an immediate clear and present danger to person or property. The appellate court affirmed an order granting defendant's motion to suppress.

  • Commonwealth v. Graves

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1287

    The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.

  • Commonwealth v. Valdivia

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1295

    Scope of consent to search during traffic stop did not encompass 40-minute delay for canine search because a reasonable person would understand their consent to be for a hand search immediately performed by officers. Order of the superior court reversed.

  • U.S. v. Holena

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1278

    District court erred in imposing an additional condition of supervised release forbidding appellant to possess or use any computers, electronic communications devices or electronic storage devices in addition to the condition forbidding internet use unless approved by his probation officer because while appellant, who pled guilty to attempting to entice a minor to engage in sexual acts, posed a danger to children, his supervised release had to be reasonably tailored to the danger he posed and the contradictory conditions were more res

  • In the Interest of J.N.W.

    Publication Date: 2018-10-23
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1270

    Suppression court properly applied the facts to the case and suppressed statements minor made to police officers and deputy coroner at the apartment where minor's friend overdosed, at the hospital where she was taken by the police to be checked, at her school and at the police station because the circumstances showed that she never voluntarily waived her Miranda rights. Affirmed.