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  • Commonwealth v. Encarnacion-Ventura

    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: 17-1637

    Defendants petition for habeas corpus relief constituted a petition under the Post Conviction Relief Act, and was properly denied as being untimely.

  • Commonwealth v. Stahl

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1767

    Motion for judgment of acquittal in rape trial properly denied where victim testified to being severely intoxicated and passing out during the sexual encounter at issue, which was sufficient to demonstrate the victims lack of consent. Order of the trial court affirmed.

  • Commonwealth v. Grey

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1723

    The court denied a motion to exclude admission of cellular telephone evidence where the courts order was based on an affidavit that was not misleading and which provided sufficiently accurate information to allow the court to issue the order.

  • Commonwealth v. Schmidt

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1728

    The court suppressed statements by a defendant which were deliberately elicited from him prior to Miranda warnings. Criminal charges overlapping those for which defendant pleaded guilty in federal court were barred by double jeopardy considerations.

  • Commonwealth v. Ford

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1583

    Defendants indecent assault of an unconscious female victim was predicated upon an act separate from his act of forcible intercourse, his indecent assault conviction did not merge with his rape conviction and, therefore, counsel could not have been deemed ineffective due to the illegality of sentence. The court denied defendant post-conviction relief.

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  • Commonwealth v. Ford

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1762

    The appellate court agreed with defendants position that 18 Pa.C.S. §6110.2(a) does not criminalize possession of a firearm whose serial numbers are obscured by natural corrosion, as opposed to human hands. The court affirmed defendants judgment of sentence reversed in part.

  • Commonwealth v. Rodriguez

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1761

    The trial court properly left it for the jury to assess the credibility of two witnesses who testified against defendant, though one witness changed his story and both witnesses sought leniency from the government, as it was for the jury to assess the credibility of the witnesses and consider their motives to lie. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Karash

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1763

    Pursuant to Commonwealth v. Banellis, the prefatory language of 75 Pa.C.S. §3323(b) constituted an element of the offense and thus required the commonwealth to present evidence on whether a police officer directed defendant to proceed through a stop sign in order to demonstrate that he violated his duties as a motorist at a stop sign. The court reversed defendants judgment of sentence.

  • Commonwealth v. Rivera-Figueroa

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1765

    The appellate court granted defendant, a sex offender, the opportunity to seek relief under the holding in Commonwealth v. Muniz, which found the Sexual Offender Registration and Notification Act unconstitutional, because the holding created a substantive rule that retroactively applied in the collateral context. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Murray

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1764

    The U.S. Supreme Courts decision in Riley v. California, 134 S.Ct. 2473 (2014), holding that the Fourth Amendment generally requires police to obtain a warrant before searching a suspects cell phone incident to an arrest, did not apply to defendant, who was on parolee at the time of the challenged search. The court affirmed defendants judgment of sentence.