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  • Commonwealth v. Portanova

    Publication Date: 2017-12-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1799

    The court denied a motion to suppress the results of a chemical blood test where the defendant voluntarily consented to the testing.

  • Commonwealth v. Masker

    Publication Date: 2017-12-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1797

    The court denied defendants motion to suppress with regard to chemical test results following a traffic stop where the court found no evidence of coercion and defendant voluntarily signed a form consenting to a blood draw.

  • In re: Interest of BNK

    Publication Date: 2017-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1793

    The commonwealth failed to follow the Rules of Juvenile Court Procedure in petitioning to withdraw nolle prossed charges against the juvenile defendant and failed to demonstrate grounds for vacating the actions of an assistance district attorney who was authorized to bind the commonwealth in juvenile cases. The court denied the commonwealths petition to vacate nolle prossed charges.

  • Commonwealth v. Mathis

    Publication Date: 2017-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1822

    In this case of first impression, the high court held that parole agents have authority to conduct a protective Terry frisk of non-parolees within the course of executing their statutorily imposed duties so long as their conduct is supported by reasonable suspicion. The court affirmed an intermediate court order affirming defendants judgment of sentence.

  • Commonwealth v. Hunter

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1789

    Defendant failed to demonstrate exceptional circumstances to warrant consideration of the effectiveness of counsel at the post-sentencing stage, and no new evidence supported his motion for a new trial. The court denied all of defendants post-sentence motions.

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    Authors: Stephen Fishman

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  • Commonwealth v. Derhammer

    Publication Date: 2017-12-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1809

    Sex offenders conviction for failing to register new address reversed where sex offender registration statute under which offender was charged was subsequently ruled unconstitutional. Order of the superior court reversed.

  • Commonwealth v. Chmiel

    Publication Date: 2017-12-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1808

    PCRA petition was timely under newly-discovered fact exception where defendant asserted FBIs novel admission that its microscopic hair analysis was scientifically. Order of the PCRA court reversed.

  • Commonwealth v. Gawne

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Koury
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1781

    Defendant, who ingested Tylenol with codeine prior to entering a guilty plea, failed to establish that the plea was not knowing, intelligent and voluntary where he appeared alert and attentive before the court and gave intelligent answers demonstrating his comprehension of the proceedings. The court recommended affirmance of an order denying defendants motion to withdraw his plea.

  • Commonwealth v. Loughnane

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1810

    Federal automobile exception to warrant requirement inapplicable to vehicles parked in private driveways, where the inherent mobility of a vehicle justifying the exception was not relevant where the owner normally parked the vehicle. Order of the superior court reversed.

  • Commonwealth v. Valentin-Morales

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1636

    Defendant could not prevail on an ineffectiveness of counsel claim for failure to call a witness where he could not demonstrate that the purported witness to his self-defense argument was available and prepared to testify on his behalf. The court recommended affirmance of an order denying defendant post-conviction relief.