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  • Commonwealth v. Cline

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1915

    The jury properly found defendant guilty of violating the Wiretapping and Electronic Surveillance Control Act where he knowingly and intentionally recorded a courthouse custody conference with his cell phone without the attendees permission, regardless of whether defendant knew the law proscribed such acts. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Torres

    Publication Date: 2018-01-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0063

    Trial court erred in failing to suppress evidence seized pursuant to a search warrant of a home, where the supporting affidavit failed to provide probable cause to believe that connecting evidence would be found at the home as the defendant and the instrument of crime were seized at the scene. Judgment of sentence vacated, remanded for new trial.

  • Commonwealth v. Smith

    Publication Date: 2018-01-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0062

    Consent to warrantless blood alcohol test was constitutionally firm where driver was not warned of criminal penalties for refusal of consent. Judgment of sentence affirmed.

  • Commonwealth v. Magee

    Publication Date: 2018-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0061

    Trial court had discretion to deny criminal defense counsels withdrawal where motion was made on eve of trial and prejudiced defendants ability to obtain new counsel and delayed commencement of trial. Order of the trial court affirmed.

  • Commonwealth v. Clay

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0008

    The court granted defendants motion to suppress where the law enforcement officer who stopped the vehicle in which defendant was riding did not have reasonable suspicion that the driver committed any traffic violation.

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    Sex Discrimination and Sexual Harassment in the Work Place

    Authors: Lawrence Solotoff (deceased), Henry S. Kramer

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  • Commonwealth v. Mackey

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0026

    Trial court erred in denying appellants motion to suppress evidence of a gun because when police responded to an anonymous tip about a man on a bus with a gun, officer lacked reasonable suspicion to take appellant off bus and frisk him since officer had no support for the tipsters assertion. Judgment vacated.

  • Commonwealth v. Johnson

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0016

    The trial court properly granted defendant a new trial where the commonwealth failed to disclose five police reports which suggested that the commonwealths key witness sought to curry favor with police regarding his own criminal conduct by testifying against defendant. The high court affirmed an order granting defendant a new trial.

  • Commonwealth v. Sweitzer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0013

    The evidence produced at trial was sufficient for the jury to reasonably infer that defendant constructive possession of the drugs and drug paraphernalia found in a vehicle driven by another individual given his suspicious behavior and the location of the contraband within defendants immediate reach. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Shaffer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0017

    Where the defendant freely granted a computer technician access to his computer, he knowingly exposed the contents of his computer to the public and, thus, lost any reasonable expectation of privacy in those contents. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. $34,440.00 U.S. Currency

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1914

    Under the presumption set forth at 42 Pa.C.S.§6801(a)(6)(ii) of the Controlled Substances Forfeiture Act, proof of proximity of cash and controlled substances is sufficient to establish the substantial nexus necessary for forfeiture; however, the intermediate court erred in finding that the acts innocent owner defense was claimants only method for rebutting that presumption. The high court affirmed in part and reversed in part