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  • Commonwealth v. Smith

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0709

    Deadly weapon sentencing enhancement for motor vehicle aggravated assault conviction was inapplicable where defendant lacked specific intent to strike or threaten victim with vehicle but instead was merely criminally recklessly operating the vehicle for ordinary purposes. Order of the superior court affirmed.

  • Commonwealth v. Leed

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0708

    Search warrant was valid where common sense reading of supporting affidavit of probable cause led to conclusion that facially stale information was in fact a typographical or other error. Judgment of sentence affirmed.

  • Commonwealth v. Ward

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0712

    Commonwealth presented sufficient evidence to disprove defendant's assertion of self-defense through defendant's conflicting accounts of the incident, defendant's attempts to conceal evidence, and medical expert testimony directly contradicting defendant's version of the incident provided at trial. Judgment of sentence affirmed.

  • Commonwealth v. Staton

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0687

    Second PCRA petition dismissed as untimely where PCRA court could consider amended pro se petition after defendant forfeited right to PCRA counsel, thereby obviating claim of governmental interference. Order of the PCRA court affirmed.

  • Commonwealth v. Knoble

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0686

    Motion to suppress evidence seized from second cell phone data extraction denied where original search warrant authorized second extraction as circumstances validating warrant remained unchanged at time of second extraction. Judgment of sentence affirmed.

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  • Commonwealth v. Yorgey

    Publication Date: 2018-06-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0688

    Motion to suppress evidence properly denied where record supported finding police were given consent to enter residence and observed drug paraphernalia in plain view. Judgment of sentence affirmed.

  • Commonwealth v. Kane

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0685

    Quashal was properly denied where special prosecutor specifically authorized to utilize grand jury and to issue a presentment for perjury and related charges. Judgment of sentence affirmed.

  • Commonwealth v. Jeffrey

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0677

    The court refused to quash firearms charges against a defendant who had been convicted of impersonating a police officer in another state, because defendant failed to demonstrate that both his gun rights and his civil rights had been restored.

  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0649

    In this criminal proceeding against a fraternity for the hazing death of a pledge, the court concluded that defendant's statements of error regarding its right to present a defense were without merit.

  • Commonwealth v. Moser

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0660

    Trial court erred in granting suppression pursuant to Birchfield v. North Dakota where voluntary consent obtained prior to suspect being read implied consent form warning of enhanced criminal penalties for refusal of consent to a blood draw. Order of the trial court reversed, case remanded.