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  • Commonwealth v. Sami

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0009

    Prior bad acts evidence of drug use properly excluded from evidence where commonwealth failed to present evidence defendant had ingested drugs prior to or was under the influence of drugs at the time of the offense. Order of the trial court affirmed.

  • Commonwealth v. Given

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0004

    Addressing an issue of first impression, the superior court ruled that where the defendant committed a single act of driving while his blood contained a parent compound and a metabolite of the same controlled substance, i.e., marijuana, he could not be subject to separate sentences for multiple convictions under 75 Pa.C.S. §3802(d)(1). The superior court vacated defendant's judgment of sentence in part.

  • Commonwealth v. Lehman

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0007

    The superior court properly held that costs of resentencing defendants could not be recovered from them by the district attorney where their resentencing became necessary when their original sentences were vacated upon a subsequent judicial determination that the sentences were unconstitutional. The state's high court affirmed.

  • Commonwealth v. Asher

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1437

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-trial motion challenging the application of the Sexual Offenders Registration and Notification Act registration requirements and the irrebuttable presumption of future dangerousness. The appellate court affirmed defendant's judgment of sentence, but remanded for a hearing on sentencing issues.

  • Commonwealth v. Carlson

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1435

    Defendant's constitutional right to counsel was violated multiple times during critical stages of his criminal trial where the trial court failed to determine on the record whether he was entitled to appointed counsel after a public defender successfully moved to withdraw. The appellate court vacated and remanded.

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  • Commonwealth v. Smith

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1431

    PCRA court erred in accepting and holding petition where petitioner's request for direct appeal with the supreme court was still pending, such that petitioner's sentence had not become final and the PCRA court therefore lacked jurisdiction to entertain the petition. Appeal quashed.

  • Commonwealth v. Donoughe

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1434

    Pretrial motion to dismiss charges due to law enforcement's destruction of dashcam footage of defendant's traffic stop was denied where, because such evidence could only be deemed potentially useful, defendant had failed to show the footage was deleted or destroyed by commonwealth in bad faith. Judgment of sentence affirmed.

  • Commonwealth v. Caviness

    Publication Date: 2020-12-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ford Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1321

    The appellate court found, in this case of first impression, that the trial court did not have jurisdiction to address an untimely motion for the return of property filed on behalf of defendant's wife as defendant's failure to file such a motion during the pendency of his criminal proceedings resulted in waiver of the issue. The superior court vacated the trial court's order.

  • Commonwealth v. Knight

    Publication Date: 2020-11-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1292

    Capital crime defendant not entitled to Atkins instruction during penalty phase where defendant failed to present evidence that met the criteria for intellectual disability under Atkins case law. Judgment of sentence of death affirmed.

  • In re: C.B.

    Publication Date: 2020-11-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1268

    The juvenile court did not commit a manifest abuse of discretion in determining that the minor defendant was in need of supervision where the evidence did not overcome the presumption, arising from a felony conviction for viewing/possessing child pornography, that defendant was in need of supervision, treatment or rehabilitation. The superior court affirmed.