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  • Commonwealth v. Wilson

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 375 OF 2023

    The court granted defendant's motion to suppress evidence recovered as a result of a traffic stop holding the state troopers lacked sufficient reasonable suspicion to effectuate a traffic stop of defendant's vehicle.

  • United States v. Izquierdo

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sánchez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-221

    Defendant moved to suppress evidence found in a search of his vehicle and rowhouse and his statements to Drug Enforcement Administration agents and court found the vehicle stop was a lawful Terry stop, defendant was not in custody until he was later arrested for possession of drugs, he consented to the searches of his car and rowhouse, produced no evidence of coercion and voluntarily agreed to give statements to DEA because he was considering cooperating. Motion denied.

  • Commonwealth v. Dowling

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 795 CAP

    Commonwealth appealed an order granting appellee collateral relief under the Post Conviction Relief Act. The court reversed, concluding that the PCRA court erred in awarding appellee a new trial where appellee could not establish prejudice or materiality below in light of overwhelming evidence of appellee's guilt, as reflected in a supplemental PCRA court opinion requested by the court on remand.

  • Commonwealth v. Schuback

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2023 CR 1218

    The court made the following rulings on the parties' motions in limine: (1) it suppressed evidence that two prosecution witnesses submitted to polygraph examinations and a computer voice stress analyzer test and their answers were deemed deceptive; (2) statements made by defendant in prison to a fellow inmate were admissible; and (3) defendant's requested impeachment of investigators with questions they posed to him during his post-arrest interrogation that had previously been suppressed was not ripe until the time of trial.

  • Commonwealth v. Womack

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 110 MAP 2022

    Court correctly denied Pa.R.Crim.P.600 motion for second complaint arising from same criminal conduct where second complaint was motivated by further investigation after first complaint and there was no evidence of an attempt to evade the rule. Order of the superior court affirmed.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Commonwealth v. Sears

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1379 WDA 2022

    Appellant appealed the trial court's judgment of sentence on his fifteen non-jury convictions of neglect of animals. The court affirmed in part, reversed in part, and remanded for resentencing, holding fourteen of appellant's convictions were supported by sufficient evidence where the record established that neglected dogs had been under appellant's care for at least two hours, which provided sufficient time for appellant to have tended to the animals' needs. The court held further that appellant was improperly convicted for failing t

  • Commonwealth v. Marnoch

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 517 EDA 2023

    Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.

  • Commonwealth v. Rivera

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 296 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.

  • Commonwealth v. Seeney

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1236 EDA 2023

    A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.