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  • Commonwealth v. Snyder

    Publication Date: 2018-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1003

    Defendant was entitled to the suppression of five blood draws taken from him during a two-month period as well as the toxicology results establishing his impaired driving where his consent to the blood draws was given under the implied intimidation or duress of more severe penalties if he refused consent. The court granted defendant's motions to suppress evidence.

  • Commonwealth v. Edwards

    Publication Date: 2018-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1017

    Warrantless stop-and-frisk justified under "emergency aid exception" where officers approached defendant to render medical assistance for visible gunshot wound, after which defendant began making furtive movements giving rise to reasonable suspicion of a legitimate law enforcement concern. Judgment of sentence affirmed.

  • Homa v. Pennsylvania Bd. of Probation and Parole

    Publication Date: 2018-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0975

    Prisoner's writ of mandamus for parole denied where completion of minimum RRRI sentence did not mandate parole and where parole board set forth brief statement of reasons for denying parole. Board of Probation and Parole's preliminary objections sustained.

  • Commonwealth v. Lamb

    Publication Date: 2018-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0963

    While defendant's alleged conduct toward her neighbor during a dispute over the use of an alleyway might be described as aggravating and frustrating, the evidence was insufficient to satisfy all the elements of the stalking charges brought against her. The court dismissed the stalking charges against defendant.

  • Jackson v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2018-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0946

    Driver's license suspension was upheld where driver refused to submit to blood test after being provided correct implied consent warnings, despite subsequently being offered a breath test unaccompanied by a warning of enhanced criminal penalties. Order of the trial court affirmed.

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  • Commonwealth v. Smith

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0918

    PCRA petition properly dismissed where defendant failed to demonstrate due diligence in support of governmental interference and newly-discovered evidence exceptions to the PCRA time bar and where habeas claim was waived for failure to raise it at sentencing. Order of the PCRA court affirmed.

  • Commonwealth v. White

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0919

    Term-of-years-to-life sentence affirmed where trial court properly considered mitigating factors and statutory factors in determining minimum sentence, and where term-of-years was sufficiently short to give juvenile defendant a meaningful opportunity for parole. Judgment of sentence affirmed.

  • Commonwealth v. Karner

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0924

    Trial court properly dismissed charges of homicide by vehicle (non-DUI) and aggravated assault by vehicle (non-DUI) in automobile accident that injured driver and killed passenger in other car because the commonwealth failed to produce any evidence that appellee acted with criminal recklessness or gross negligence. Affirmed.

  • In the Interest of J.B.

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0928

    Superior Court erred in affirming juvenile's adjudication as delinquent for the murder of his stepmother because the evidence was, at best, in equipoise and was insufficient as a matter of law to overcome the presumption of innocence. Reversed.

  • Commonwealth v. Williams

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Brinkley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0872

    The court denied a motion for post-conviction relief, because the defendant failed to demonstrate that newly-discovered evidence would have altered the outcome at trial.