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  • 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.

  • Commonwealth v. Hart

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1114

    The trial court erred in denying defendants petition to withdraw his nolo contendere plea to invasion of privacy where defendant was not informed that he would be subject to the registration requirements of the Sexual Offender Registration Notification Act, now considered a punishment, and thus the plea was not knowing, intelligent and voluntary. The court reversed an order denying defendants petition to withdraw his plea.

  • Commonwealth v. Sales

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1702

    Defendant was erroneously convicted of driving while commercial operating privileges suspended, where commonwealth failed to prove that defendant had actual notice, under the standards of the licensing state, of the suspension of privileges. Judgment of sentence reversed.

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  • Commonwealth v. Kunco

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1704

    PCRA court properly ordered new DNA testing where prior DNA testing of other crime scene items excluded defendant as contributor to DNA and where other physical forensic evidence was now questionable. Order of the PCRA court affirmed.

  • Commonwealth v. Reid

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1501

    Defendant was not entitled to relief under the Post Conviction Relief Act based on allegations of ineffective assistance of counsel where the record established that he knowingly, voluntarily and intelligently entered his guilty plea to third degree murder and other offenses. The court granted counsels petition to withdraw and notified defendant of its intent to dismiss his PCRA petition.

  • Commonwealth v. Shires

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Anderson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1525

    Defendant was notified by his probation officer of both the general and special conditions of his probation. The court held his probation was properly revoked.

  • Commonwealth v. Andrews

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1700

    Defendant, a sex offender, had until midnight on the third business day after he changed his address to register with state police to comply with the requirements of Pennsylvanias Sex Offender Registration and Notification Act, at 42 Pa.C.S. §9799.15(g). The appellate court reversed defendants conviction and vacated his sentence.

  • Commonwealth v. Mullen

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1638

    Law enforcement had a reasonable belief that defendant was at a residence based on an anonymous tip, a photograph, and a view of defendant through a window of the residence. The court denied defendants motion to suppress.