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  • 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.

  • Commonwealth v. Maconeghy

    Publication Date: 2017-11-07
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Supreme Court
    Judge: Chief Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1661

    Trial court erred in permitting medical expert to opine as to victims sexual abuse based solely upon the victims accounts, where there was a lack of physical evidence of abuse. Order of the superior court affirmed.

  • Commonwealth v. Miller

    Publication Date: 2017-11-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1660

    Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.

  • Commonwealth v. Spotz

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1662

    Newly-recognized constitutional right exception to PCRA timeliness requirement improperly invoked where new constitutional rule only applied to federal statute, whereas defendant was convicted under state statute. Order of the PCRA court affirmed.

  • Commonwealth v. Leonard

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1659

    Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.

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  • Commonwealth v. Becker

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1657

    The trial court did not abuse its discretion in denying defendant parole out of concern for her unborn child given the substantial evidence of defendants heroin use while pregnant and her failure to seek treatment while previously out on probation. The appellate court affirmed a trial court order denying defendants petition for parole.

  • In the Interest of B.L.C

    Publication Date: 2017-11-07
    Practice Area: Attorney Rates and Arrangements | Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1629

    The court granted a motion to suppress evidence obtained from a checkpoint stop where the commonwealth failed to demonstrate sufficient factual data to support a checkpoint at the site in question, and where the search was not a voluntary, consensual one.

  • Commonwealth v. Lednum

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1625

    An arresting office had a lawful basis to conduct a Terry frisk of defendant for the protection of officers or others nearby where the officer believed, from the totality of the circumstances, that defendant was involved in drug activity and also saw him make furtive motions suggestive of weapon possession.

  • Commonwealth v. Updike

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1606

    The Commonwealths blood draw evidence collected prior to the U.S. Supreme Courts decision in Birchfield v. North Dakota was admissible under the good-faith exception to the exclusionary rule as defendant only sought suppression under the federal constitution. The court reversed the trial courts suppression order and remanded for further proceedings.

  • Commonwealth v. Smith

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1609

    The arresting officer involved in defendants case was not required to personally observe defendant involved in hand-to-hand illegal drug transactions and could rely on information provided by a fellow trooper, including a photo of the defendant, to determine whether he had reasonable suspicion to detain defendant. The court affirmed defendants judgment of sentence.