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  • Commonwealth v. Moriarty

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0324

    Counsel ineffective for advising offender to proceeding to parole revocation hearing prior to trail on new charges to secure work release, where offender may have been ineligible for work release, and was ultimately acquitted on new charges. Order of the PCRA court reversed, revocation sentence vacated.

  • Commonwealth v. Montgomery

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0323

    PCRA court had subject matter jurisdiction to hear a subsequent PCRA petition so long as a prior PCRA petition was not pending on appeal or subject to further appellate review. Order of the PCRA court affirmed.

  • Commonwealth v. Kitchen

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0322

    False ID conviction erroneous where defendant not told by police officers that she was the subject of an official investigation of a violation of the law. Judgment of sentence reversed in part and affirmed in all other parts.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0321

    Trial court could sua sponte modify judgment of sentence during pendency of appeal where subsequent case law rendered initial sentence illegal. Judgment of sentence affirmed, appeal dismissed as moot.

  • Commonwealth v. Nazario

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Mark
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0274

    Double jeopardy did not bar the imposition of multiple sentences where the evidence showed that defendant separately abused each of her three children over a long period of time.

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Commonwealth v. Cornelius

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0287

    Offender became an inmate under possession statute at the point he was committed to county jail for intake processing, and his wearing of clothes containing controlled substances at that point meant he was in possession of controlled substances as an inmate.

  • Commonwealth v. Lewis

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0289

    Person who called authorities reasonably believing she was suffering from a drug overdose was entitled to immunity from prosecution under the Drug Overdose Response Immunity statute.

  • Commonwealth v. Metzgar

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Worthington
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0272

    The court granted defendants application for a bill of particulars, requiring the commonwealth to set for the substance of the charges against defendant involving alleged false statements and obstruction of the administration of law.

  • Commonwealth v. Brensinger

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0286

    Appellant not entitled to newly-discovered facts exceptions to PCRA time-bar where scientific principles underpinning his new expert opinions were publicly available years prior to the filing of appellants petition.

  • Commonwealth v. Fennell

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0288

    Newly-discovered facts exception unavailable to excuse facially untimely PCRA petition where defendant was not diligent in attempting to obtain trial records that led to discovery of facts underlying petition.