Filter This View

  • Commonwealth v. Ford

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1583

    Defendants indecent assault of an unconscious female victim was predicated upon an act separate from his act of forcible intercourse, his indecent assault conviction did not merge with his rape conviction and, therefore, counsel could not have been deemed ineffective due to the illegality of sentence. The court denied defendant post-conviction relief.

  • Commonwealth v. Ford

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1762

    The appellate court agreed with defendants position that 18 Pa.C.S. §6110.2(a) does not criminalize possession of a firearm whose serial numbers are obscured by natural corrosion, as opposed to human hands. The court affirmed defendants judgment of sentence reversed in part.

  • Commonwealth v. Rodriguez

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1761

    The trial court properly left it for the jury to assess the credibility of two witnesses who testified against defendant, though one witness changed his story and both witnesses sought leniency from the government, as it was for the jury to assess the credibility of the witnesses and consider their motives to lie. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Karash

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1763

    Pursuant to Commonwealth v. Banellis, the prefatory language of 75 Pa.C.S. §3323(b) constituted an element of the offense and thus required the commonwealth to present evidence on whether a police officer directed defendant to proceed through a stop sign in order to demonstrate that he violated his duties as a motorist at a stop sign. The court reversed defendants judgment of sentence.

  • Commonwealth v. Rivera-Figueroa

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1765

    The appellate court granted defendant, a sex offender, the opportunity to seek relief under the holding in Commonwealth v. Muniz, which found the Sexual Offender Registration and Notification Act unconstitutional, because the holding created a substantive rule that retroactively applied in the collateral context. The court affirmed defendants judgment of sentence.

  • Law Journal Press | Digital Book

    Federal Tax Litigation

    Authors: Susan A. Berson, Original Author, William H. Byrnes, Revision Author

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Murray

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1764

    The U.S. Supreme Courts decision in Riley v. California, 134 S.Ct. 2473 (2014), holding that the Fourth Amendment generally requires police to obtain a warrant before searching a suspects cell phone incident to an arrest, did not apply to defendant, who was on parolee at the time of the challenged search. The court affirmed defendants judgment of sentence.

  • Commonwealth v. McCullough

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1110

    The trial court did not err in removing defendant from the sexual offender registry pursuant to the holding in Commonwealth v. Muniz, which overruled Commonwealth v. Demora and held that the Sexual Offender Registration and Notification Act was an unconstitutional ex post facto law when applied retroactively to sexual offenders convicted of applicable crimes before the acts effective date. The court affirmed the trial courts order.

  • Commonwealth v. Wilcox

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1751

    Criminal defendant could not raise PCRA petition pursuant to the holding in Birchfield v. North Dakota, where defendant had knowingly and voluntarily pled guilty to DUI, did not preserve a challenge to his warrantless blood draw, and was not raising a challenge to the legality of his sentence or voluntariness of guilty plea. Order of the PCRA court affirmed.

  • Commonwealth v. Woeber

    Publication Date: 2017-11-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1752

    Trial court erred in excluding testimony of sexual assault victims exculpatory and contradictory statements under the Rape Shield Law. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Maguire

    Publication Date: 2017-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1109

    The trial court erred in suppressing evidence of defendants consumption of alcohol since the Tarbert/Blouse guidelines did not apply to the warrantless inspection of defendants commercial vehicle, which inspection satisfied the requirements of New York v. Burger. The court reversed an order granting defendants motion to suppress.