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  • Commonwealth v. Thomas

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0172

    Trial court erred in suppressing evidence, where defendants furtive movements and refusal to remove hands from pockets, while in a high-crime area, gave officers responding to a call of an individual with a firearm reasonable suspicion to believe defendant may have been armed and dangerous and supported a stop-and-frisk. Order of the trial court reversed, case remanded.

  • Commonwealth v. McCarthy

    Publication Date: 2018-02-20
    Practice Area: Civil Procedure | Criminal Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0168

    Commonwealth could introduce evidence of deteriorating condition of elderly victims home to refute defendants denial of criminal intent in spending the assets of the victims estate. Judgment of sentence affirmed.

  • Commonwealth v. VanDivner

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0169

    Death sentence vacated where appellant presented sufficient evidence at pretrial hearing to support finding that he was intellectually disabled and therefore ineligible for death penalty. Judgment of sentence of death vacated, life sentence imposed.

  • A.M.D. v. T.A.B.

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0163

    Contrary to defendants assertion, petitioner was not required to demonstrate that defendant committed criminal harassment to secure a protection from intimidation order in accordance with the Protection of Victims of Sexual Violence or Intimidation Act. The appellate court affirmed the trial courts order.

  • Commonwealth v. Edwards

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0133

    While the listing of the races and genders of prospective jurors on a peremptory strike sheet did not per se violate the Equal Protection Clause of the Fourteenth Amendment as interpreted by the U.S. Supreme Court in Batson v. Kentucky, defendant established a Batson violation by showing that the commonwealth struck at least one potential juror with discriminatory intent. The appellate court vacated defendants judgment of sentence and remanded.

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    Authors: James F. Barger, Jr., J. Elliott Walthall, Elise May Frohsin, Benjamin P. Bucy

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  • Commonwealth v. Wheatle

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0126

    Criminal defendant was entitled to habeas corpus relief on a robbery charge, but not on a charge for theft by unlawful taking.

  • Commonwealth v. Motley

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0135

    Defendants sentences for his two robbery convictions were illegal where the commonwealth adhered to the requirements for invoking the application of 42 Pa.C.S. §9714, addressing sentences for second and subsequent offenses, but the trial court failed to impose the mandatory minimum sentence. The court vacated defendants judgment of sentence.

  • Commonwealth v. Raglin

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0138

    Suppression motion properly denied where defendant was observed in high-crime area immediately after report of gunshots, and thereafter immediately attempted to evade police, providing reasonable suspicion to engage in a stop and investigative detention. Judgment of sentence affirmed.

  • Commonwealth v. Wright

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0139

    Commonwealth excused from due diligence in bringing defendant to trial under Rule 600 where defendant had notice to appear and willfully failed to appear, and was not otherwise apprehended on the same charges. Order of the trial court reversed, case remanded.

  • Commonwealth v. Davison

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0132

    The evidence was sufficient to support defendants robbery conviction where he injured the victim while both punching her in the head and taking her purse, as the commonwealth was not required to elicit from the victim testimony regarding her precise level of pain. The appellate court affirmed defendants judgment of sentence.