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  • Commonwealth v. Succi

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1610

    The trial court erred in finding that the defendant contractors actions were part of an ongoing course of conduct and, therefore, the statute of limitations had not run on the home improvement fraud and deceptive or fraudulent business practices charges against him. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Carper

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1607

    Defendant properly preserved his state constitutional claim that his blood draw evidence was inadmissible, and the appellate court concluded that such evidence was inadmissible given that no good-faith exception to the evidence exclusionary rule exists under the state constitution. The court affirmed an order granting defendants habeas corpus motion.

  • Commonwealth v. McGarry

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1608

    The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.

  • In the Interest of G.B.

    Publication Date: 2017-10-31
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1578

    In this juvenile proceeding, the court held that trial as an adult for offenses committed as a minor was proper where the individual was not amenable to treatment and had committed similar crimes since reaching the age of majority.

  • Commonwealth v. Wilson

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1612

    Motion to suppress statements properly denied where, although defendant was initially illegally detained on an inactive warrant, any taint from the illegal arrest was attenuated where defendant voluntarily waived Miranda rights to make statements in response to co-defendants incriminating statements and evidence obtained from a search warrant thereunder. Judgment of sentence affirmed.

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  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Horn

    Publication Date: 2017-10-24
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1590

    The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.

  • Commonwealth v. Johnson

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1522

    Where a criminal defendant abandoned a cell phone while being pursued by police, a search of the phone was legal and no warrant was required. The court denied defendants motion for reconsideration of his request to suppress the evidence obtained from the cell phone.

  • Commonwealth v. Hrycyk

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1527

    Commonwealth v. Hrycyk

  • Commonwealth v. DeSciscio

    Publication Date: 2017-10-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1482

    Defendant waived the right to challenge his consent to a blood test that led to charges of driving under the influence by failing to file his motion to suppress in a timely fashion in the wake of the U.S. Supreme Courts decision Birchfield v. North Dakota. The court denied defendants motion to suppress without holding a hearing.