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  • Commonwealth v. Radecki

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0254

    Excessive sentence challenge predicated on imposition of consecutive sentences in aggravated range upon defendant of advanced age did not constitute a substantial question permitting review of discretionary aspects of sentence.

  • Commonwealth v. Kehr

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0253

    Criminal defendant could not withdraw guilty plea based on subsequent change in the law without establishing counsels ineffective assistance in advising the plea despite the pending change in the law.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0252

    Single victims testimony was sufficient, uncorroborated, to find each element of the offenses of robbery and conspiracy beyond a reasonable doubt. Judgment of sentence affirmed.

  • Commonwealth v. Foust

    Publication Date: 2018-03-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0251

    Although a term-of-years sentence long enough to constitute a de facto sentence of life without parole was unconstitutional as imposed upon a juvenile offender, courts were to look to the individual sentences rather than the aggregate sentence in determining constitutionality.

  • Commonwealth v. Crosley

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0250

    Evidence of defendants prior conviction for aggravated assault arising from his attack of a security guard while holding a sharp object was permissible in this unrelated murder case to rebut defendants unsolicited character testimony that he never before carried a weapon.

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Hughes v. Pennsylvania Bd. of Prob. and Parole

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0222

    Parole board correctly added remainder of original sentence, restarting from date of offenders return to the boards custody, following the offenders violation of parole. Order of the Board of Probation and Parole affirmed; counsels application to withdraw granted.

  • Commonwealth v. Porambo

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0190

    The evidence at trial was sufficient to find defendant guilty of driving too slow for conditions in violation of 75 Pa.C.S. §3364(a) where the arresting officer observed defendant cause a traffic jam due to her slow driving and credibly disputed defendants claim that another vehicle caused her to drive too slowly. The court denied defendants motion for judgment of acquittal.

  • Commonwealth v. Fulton

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0217

    Police violated defendants constitutional rights when they searched his cell phone for information in a criminal investigation without a warrant. The court reversed the intermediate appellate court and remanded.

  • Commonwealth v. Lacoste

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Campbell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0192

    On a criminal defendants pre-trial motions, the court ruled that: 1) defendant was entitled to have defense subpoenas sealed until the time of trial; 2) defendant could confront the commonwealths witness regarding his parole status; and 3) defendant could introduce evidence regarding decedents prior bad acts.

  • Commonwealth v. Murphy

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0219

    Defendant could not satisfy the new retroactive exception to the timeliness requirement for a Post Conviction Relief Act petition in the absence of a high court ruling that Commonwealth v Muniz, which addressed the lifetime registration provisions of Sexual Offenders Notification Act, applied retroactively. The appellate court affirmed defendants judgment of sentence.