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  • Commonwealth v. Burke

    Publication Date: 2021-09-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1013

    Where the lower courts violated state precedent by relying exclusively on hearsay evidence at preliminary and habeas corpus hearings to find that the commonwealth established a prima facie case against defendant, the proper remedy was discharge without prejudice for the commonwealth to recharge defendant within the unexpired statute of limitations. The superior court reversed.

  • Commonwealth v. Munson

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0987

    The trial court erred in finding that the commonwealth failed to establish a prima facie case of animal cruelty and related charges where the evidence established that defendant was present at the location of a dog fight and other evidence supported a reasonable inference that he received cash for participating in, or possessed cash for wagering on, that dogfight. The superior court reversed and remanded.

  • Commonwealth v. Rawls

    Publication Date: 2021-08-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0984

    Law enforcement agents did not violate defendant's constitutional rights when, while issuing him Miranda warnings during an interrogation, they failed to specifically apprise defendant that criminal charges already had been filed against him. The high court affirmed.

  • Commonwealth v. Dixon

    Publication Date: 2021-08-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0956

    The trial court erred in instructing the jury that one of the prerequisites necessary to establish the crime of witness intimidation as a first-degree felony had been fulfilled as that instruction violated defendant's right to a jury trial under the U.S. Constitution as interpreted in Apprendi v. New Jersey. The high court reversed.

  • Commonwealth v. Lowmiller

    Publication Date: 2021-08-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0907

    Trial court erred in permitting introduction of prior conviction to rebut mistake-of-age defense where prior offense had little factual similarity to the present case. Judgment of sentence reversed, case remanded for new trial.

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  • Commonwealth v. Stanley

    Publication Date: 2021-07-26
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0849

    Where defendant's underlying conviction was vacated due to the statute being declared unconstitutional, any violations of probation arising from that conviction could not serve as the basis of a subsequent conviction and revocation of probation. Judgment of sentence vacated, conviction reversed.

  • Henry v. Wolf

    Publication Date: 2021-07-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0766

    Court sustained governor's preliminary objection asserting lack of jurisdiction in petitioner's action asserting 18 Pa.C.S. §1102(a) was unconstitutionally vague because petitioner's claim was cognizable under the Post Conviction Relief Act and court transferred the matter. Preliminary objection sustained.

  • Commonwealth v. Campbell

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0726

    Appellant appealed his conviction for terroristic threats and court found his statement was not mere transitory anger where appellant assaulted victim, threatened to "finish" him, left and returned with a weapon and assaulted victim again. Affirmed.

  • Commonwealth v. Williams

    Publication Date: 2021-06-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0729

    Defendant challenged the admission of expert forensic video analysis testimony and the weight of the evidence in his murder conviction and court found expert explained various technical variables at issue in surveillance video showing the shootings which assisted the jury, expert did not render an opinion on identification and evidence was sufficient to show defendant was the shooter. Affirmed.

  • Commonwealth v. Aulisio

    Publication Date: 2021-06-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0700

    Two consecutive 30-year sentences did not violate Miller principles because each sentence had to be reviewed individually and therefore did not constitute a de facto life sentence. Judgment of sentence affirmed.