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  • Commonwealth v. Hemingway

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0823

    The trial court properly found that defendant was subjected to an investigative detention and that his actions in speaking to a woman on a street in a high crime area with his hand in his pocket did not provide the required reasonable suspicion to support such a detention. The appellate court affirmed the trial court's suppression order.

  • Commonwealth v. Thorne

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0830

    Trial court erred in granting suppression motion where officers had reasonable suspicion their safety had been compromised to conduct protective sweep of passenger area, including storage compartments therein, for vehicles. Order of the trial court reversed, case remanded.

  • Commonwealth v. Palmer

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0827

    Jury could convict for aggravated assault either by finding that bullet striking identified victim was meant for another unidentified person or that defendant caused serious bodily injury while engaging in reckless behavior by firing a weapon in public in the direction of other people. Judgment of sentence affirmed.

  • Commonwealth v. Neysmith

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0829

    Consent to blood alcohol test voluntary, despite defendant being provided with unconstitutional implied consent warnings, where defendant requested the blood draw prior to being provided warnings in the belief the results of a blood alcohol test would vindicate him. Judgment of sentence affirmed.

  • Commonwealth v. Becker

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0824

    The lower court did not err in find that the conduct of troopers who prevented counsel from contacting defendant while he was being interrogated for a second time did not vitiate defendant's otherwise knowing, intelligent and voluntary waiver of his Miranda rights. The appellate court affirmed the trial court's order denying defendant relief under the Post Conviction Relief Act.

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  • Commonwealth v. Lynn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0821

    Defendant failed to establish that the commonwealth's Brady violation constituted intentional prosecutorial misconduct designed to deprive him of a fair trial where he produced no evidence of intent. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Milburn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0826

    Traffic stop was based on reasonable suspicion where police used tracking application they had prior experience with to track stolen phone to location where only one vehicle and no individuals on foot were located. Judgment of sentence affirmed.

  • Commonwealth v. Davis

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0822

    The trial court did not err in denying defendant's pre-sentence motion to withdraw his guilty pleas where the record belied defendant's claim that he was coerced into entering the pleas by his former counsel and demonstrated that his claim of innocence was not plausible. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Enix

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0825

    Defendant was deprived of a fair and impartial trial in this criminal matter where the trial judge lectured the jury extensively regarding the court's own opinion regarding the credibility of the witness upon whose testimony the commonwealth's case against defendant depended. The appellate court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v. Diaz

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0804

    At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated the trial court's order and defendant's payment plan and remanded for further proceedings.