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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.

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  • Bracey v. Superintendent Rockview SCI

    Publication Date: 2021-02-01
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0107

    District court erred in denying appellant's rule 60(b) motion for reconsideration of his habeas petition asserting a Brady violation because Dennis v. Sec'y, 834 F.3d 263, caused a material change in the relevant law and district court failed to conduct any analysis. Vacated and remanded.

  • Commonwealth v. Little

    Publication Date: 2021-02-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0099

    Trial counsel was ineffective in failing to preserve for appeal the trial court's denial of a line of questioning designed to show that a defense witness was in fact testifying against his own interests in admitting to being the sole shooter of the victim. Order of the PCRA court reversed in part and affirmed in part, case remanded.

  • Commonwealth v. Alexander

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0030

    In a decision reversing Commonwealth v. Gary, a majority of the state's high court held that Article I, §8 of the Pennsylvania Constitution affords greater protection to state citizens than the Fourth Amendment of the U.S. Constitution and reaffirmed that the state constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of a vehicle. The high court reversed and remanded.

  • Commonwealth v. Moose

    Publication Date: 2021-01-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0033

    The trial court properly found that defendant could challenge the application of Pennsylvania's sexual offender registration statute, or SORNA II, outside the framework of the Post-Conviction Relief Act, though defendant was entitled to a hearing on whether his negotiated guilty plea precluded application of the scheme and its possible alteration of his agreed-upon sentence. The superior court vacated and remanded.

  • Commonwealth v. Lambert

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0000

    The trial court did not err in granting defendant's petition for writ of habeas corpus and dismissing all charges where the commonwealth failed to put forth any evidence at the habeas corpus proceeding despite the fact that there was no record of the preliminary hearing resulting in the charges being held over for court. The superior court affirmed.