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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.

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  • Commonwealth v. Carter

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0243

    The superior court lacked jurisdiction to consider the merits of defendant's claim that the trial court erred in denying his request for bail pending sentencing and appeal where he had filed a notice of appeal rather than a petition for specialized review under chapter 16 of the Rules of Appellate Procedure. The superior court quashed defendant's appeal.

  • Commonwealth v. Grooms

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0242

    The trial court erred in denying defendant's motion to suppress evidence based on a per se rule that the odor of marijuana alone may establish probable cause to search a vehicle, as odor is just one factor that can contribute to a finding of probable cause, assuming other circumstances supply more individualized suspicion that criminal activity is afoot. The superior court vacated and remanded.

  • Commonwealth v. Felder

    Publication Date: 2021-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0211

    Where the trial court acted within its discretion when it denied defendant's motion for a new trial based on alleged after discovered evidence, the appellate court refused to usurp the trial court's discretional ruling on appeal. The superior court affirmed.

  • Gorko v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2021-02-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0158

    Parole violator's claims of error by parole board were waived on appeal for failure to raise the issues in a prior administrative appeal. Order of the Pennsylvania Board of Probation and Parole affirmed.

  • Commonwealth v. Williams

    Publication Date: 2021-02-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0127

    The appellate court vacated a trial court order denying defendant's most recent Post Conviction Relief Act petition as untimely given the recent overruling of case law supporting the presumption that publicly available information cannot predicate a timeliness exception beyond the 60-day grace period in §9545(b)(2) of the Act. The superior court vacated and remanded.