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  • Commonwealth v. Wardlaw

    Publication Date: 2021-05-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0521

    Superior court properly quashed defendant's appeal and found defendant was not entitled to an interlocutory appeal under rule 311(a)(6) where trial court sua sponte declared a mistrial because a court entered an order "awarding a new trial" for the purposes of Pa.R.A.P. 311(a)(6) only when it granted a party's motion for a new trial. Affirmed.

  • United States v. Shulick

    Publication Date: 2021-05-10
    Practice Area: Criminal Appeals
    Industry: Education | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0527

    Appellant challenged his convictions for embezzlement from a program receiving federal funds and fraud and court found his speedy trial, evidentiary rulings, faulty jury instructions and sentencing miscalculation arguments failed. Affirmed.

  • Commonwealth v. Crawford

    Publication Date: 2021-04-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0449

    Defendant did not preserve his challenge to the discretionary aspects of sentencing where his statement on appeal, which raised a prison condition issue that would be properly addressed to the Department of Corrections, failed to raise a substantial issue. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Elliott

    Publication Date: 2021-04-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0419

    The trial court erred in construing defendant's challenge to his registration, notification and counseling requirements under the new Sexual Offenders Registration and Notification Act as an untimely Post Conviction Relief Act petition as his challenges to the SORNA requirements were not cognizable under the PCRA. The superior court affirmed on the merits.

  • Commonwealth v. Shreffler

    Publication Date: 2021-04-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0421

    Defendant waived his arguments regarding the trial court's alleged abused of discretion in allowing the jury to review a written transcript of tape-recorded conversations between him and a confidential informant where he failed to raise such challenges in his rule 1925(b) statement in support of appeal. The appellate court affirmed.

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  • Commonwealth v. Shaw

    Publication Date: 2021-04-12
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0389

    The superior court did not err in finding that defendant was entitled to redress concerning a claim of ineffective assistance of appellate post-conviction counsel, even though raised for the first time on appeal, as the waiver doctrine did not apply under the unique circumstances at bar. The high court reversed on other grounds and remanded for further proceedings.

  • Commonwealth v. Wenzel

    Publication Date: 2021-03-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0328

    The superior court concluded that defendant's appeal from the denial of his post-sentence motion for relief was timely where a breakdown in the operation of the court excused the untimely filing of his appeal. The superior court affirmed on the merits.

  • McCullough v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2021-03-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0336

    Parole board correctly dismissed inmate's challenges to recommitment order where the appeal was not filed within 30 days of the order. Order of the Board of Probation and Parole affirmed.

  • United States v. Aguirre-Miron

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0258

    District court erred in failing to group appellant's production counts with his receipt and possession counts in sentencing him for child-pornography crimes and the failure was plain error that affected appellant's substantial rights. Vacated and remanded.

  • Commonwealth v. Young

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0241

    The superior court lacked jurisdiction to hear an appeal challenging defendant's sex offender registration requirements where those requirements arose from a foreign judgment of sentence, not from defendant's third-degree murder and conspiracy convictions docketed herein. The superior court affirmed.