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  • Commonwealth v. Ali

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1260

    Even assuming a presumption of vindictiveness applied in this case, where the trial court increased defendant's aggregate maximum sentence upon remand and resentencing, the trial court specifically disavowed any vindictive purpose and sufficiently rebutted the presumption. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Denapoli

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1258

    The trial court properly held that defendant's 2002 conviction for indecent assault was not eligible for a limited access order to pursuant to 18 Pa.C.S. §9122.1(b)(9), as the statute bars such orders for defendants who have been convicted "at any time" of a crime requiring sexual offender registration. The appellate court denied defendant's appeal.

  • Commonwealth v. Pou

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1268

    Criminal defendant not entitled to new trial on collateral review where counsel waiver colloquy during sentencing was technically deficient according to rules of criminal procedure but was not constitutionally deficient. Order of the PCRA court affirmed.

  • King v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2018-10-23
    Practice Area: Administrative Law | Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1274

    Board's revocation of petitioner's barber licenses under §9124(c) of Criminal History Record Information Act was an abuse of discretion because the board's decision rested largely on speculative concerns, assumed no possibility of rehabilitation and did not consider the passage of time since petitioner's crime. Reversed.

  • Commonwealth v. Ramos

    Publication Date: 2018-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1259

    Pursuant to 18 Pa.C.S.§1106, the trial court lacked authority to impose upon defendant a generalized, open-ended sentence of restitution while leaving the amount and method of payment for a later date. The appellate court vacate and remanded.

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  • Commonwealth v. Peterson

    Publication Date: 2018-10-16
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1235

    Newly-discovered fact exception to Post-Conviction Relief Act time bar applicable where PCRA counsel was ineffective per se by failing to timely file petition and where petitioner was unaware and could not ascertain the untimeliness of the petition. Order of the superior court reversed, case remanded.

  • U.S. v. Abdullah

    Publication Date: 2018-10-15
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Jordan
    Attorneys: For plaintiff: David E. Schafer
    for defendant: Craig Carpenito and Steven G. Sanders (Office of United States Attorney)
    Case Number: 18-1082

    Prior State Conviction Was Crime of Violence Because Minimum Conduct Under Statute Required Intentional Application of Force

  • Commonwealth v. Garcia

    Publication Date: 2018-10-09
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1162

    Under the community caretaking doctrine, police acted reasonably when they entered an apartment to do a welfare check in the wake of homicide. The court denied defendant's motion to suppress.

  • Commonwealth v. Hanson

    Publication Date: 2018-10-09
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1161

    The court denied a motion to suppress even though the search warrant contained a clerical error in the time for serving the warrant. Police acted immediately on the search warrant, and their search did not exceed the scope of the warrant.

  • Commonwealth v. Starry

    Publication Date: 2018-10-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1199

    Petition for writ of habeas corpus reversed where trial court erroneously required commonwealth to prove blood draw occurred within two hours of defendant's operation of her vehicle and where there was good cause for any delay in the draw as defendant was receiving medical treatment. Order of the trial court reversed.