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  • Commonwealth v. Jones

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1676

    While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Parker

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1681

    Criminal defendant could not file an interlocutory appeal from the trial courts denial of his motion for production of the complainants medical records, where denial of immediate review would not prejudice defendants ability to seek review of the denial on direct appeal following any conviction. Order of the trial court affirmed.

  • Commonwealth v. Stidfole

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1639

    Defendant waived objections to sentencing because he did not raise them previously in connection with his revocation and re-sentencing hearing. Even if not waived, the court concluded his objections lacked merit, because defendant failed to comply with the conditions of his probation.

  • Commonwealth v. Williams

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1640

    Defendant was not entitled to post-conviction relief for ineffective assistance of counsel because his petition did not contain any meritorious issues or he waived them by failing to raise the issues on appeal.

  • Commonwealth v. Vickers

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1511

    Police had reasonable suspicion to stop defendants vehicle where two officers gave credible testimony that they consistently noticed the smell of burnt marijuana coming from defendants vehicle, even though the drug paraphernalia found in defendants car did not suggest recent use. The court denied defendants motion to dismiss or, alternatively, to suppress evidence.

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  • Commonwealth v. Love

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1523

    While the arresting officer used statements from a third party that turned out to be false in his affidavit of probable cause to arrest defendant, none of the challenged statements were material to the issuing authoritys decision on whether probable cause existed to arrest defendant. The appellate court denied defendants pretrial motion to suppress evidence.

  • Commonwealth v. Kurtz

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    The court declined to adopt a good faith exception to the exclusionary rule applicable to blood draw evidence after the U.S. Supreme Courts decision in Birchfield v. North Dakota, as such an exception would frustrate the privacy guarantees of the Article 1, §8 of the Pennsylvania Constitution. The court affirmed an order granting defendants motion to suppress blood draw evidence.

  • Commonwealth v. Boone

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1631

    The court exercised its discretion to permit individual voir dire in this matter because defendant raised concerns regarding racial bias.

  • Commonwealth v. Lonon

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1495

    Defendant had no reasonable expectation of privacy in the data on the cell phone he abandoned in his haste to avoid state troopers following several motor violations, and the troopers were justified in the warrantless search of the specific phone given that they were attempting to pursue a fleeing suspect. The court denied defendants motion to suppress evidence.

  • Smith v. Bd. of Probation and Parole

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171672

    Commonwealth court panel erred in reversing the parole boards denial of credit to appellee on his state sentence for time he spent on detainer because board properly denied credit under Gaito v. Pa. Bd. of Prob. & Parole, 412 A.2d 568. Reversed.