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  • Commonwealth v. Rose

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1559

    Detective erroneously permitted to testify as to meaning of street language where not a participant in the conversation, or qualified as an expert.

  • Commonwealth v. Machicote

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1556

    Trial court did not err in sentencing juvenile defendant to a life sentence while also imposing a minimum term-of-years sentence, because it would grant the juvenile the possibility of parole following completion of the minimum sentence.

  • Commonwealth v. Duck

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1549

    The court found the evidence sufficient to establish that the victim suffered bodily injury as defined by the simple assault statute in an altercation with defendant.

  • Commonwealth v. Izurieta

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1555

    Testimonial evidence of sexual penetration of a victim under 16 years old sufficient to support conviction for indecent assault. Judgment of sentence affirmed.

  • Commonwealth v. Heaster

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Chief Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1534

    Defendant waived his claim that the trial court abused its discretion in failing to apply the use, as opposed to the possession, of a deadly weapon sentencing enhancement in violation of the parties plea agreement by failing to present it in a post-sentence motion or lodge any objection during his sentencing hearing. The court affirmed defendants judgment of sentence.

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    Infobeans cogito test

    Authors: Stephen Fishman

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  • Commonwealth v. Wise

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1543

    Trial court properly found appellant guilty of fleeing or attempting to elude a police officer when she drove off after officer told her to pull over because appellants argument that a pursing police officer applied to both fleeing and attempting to elude lacked merit since the statute was clear and unambiguous. Affirmed.

  • Commonwealth v. Melvin

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1530

    Pursuant to Pennsylvania precedent following the U.S. Supreme Courts 2012 decision in Miller v Alabama, the court rejected defendants claim that his sentence to 30-years-to-life for a homicide committed while he was a juvenile was illegal.

  • Commonwealth v. Napold

    Publication Date: 2017-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1536

    Failure to object to introduction of evidence of blood draw refusal rendered issue waived for appeal even where new rule of law concerning blood draw refusals was promulgated following trial and during pendency of appeal. Judgment of sentence affirmed.

  • Commonwealth v. Bennett

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1423

    The court denied a criminal defendants motion to dismiss where the offenses involved in the instant case were not logically or temporally part of the same criminal episode.

  • Anderson v. Talaber

    Publication Date: 2017-10-10
    Practice Area: Attorney Rates and Arrangements | Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1532

    Given the U.S. Supreme Courts recent decision in Pittman v. Pa. Bd. of Probation and Parole, the Pennsylvania Board of Probation and Parole erred in determining that it lacked discretion to award petitioner credit for time spent at liberty on parole.