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Publication Date: 2020-08-24
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0905
When a defendant is being sentenced for a non-violent crime, a single prior conviction for a non-enumerated crime of violence does not alone constitute a history of past violent behavior so as to trigger ineligibility for the Recidivism Risk Reduction Incentive Act program; therefore, the trial court erred in finding defendant ineligible for the program. The superior court vacated defendant's judgment of sentence.
Publication Date: 2020-08-17
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0878
The commonwealth waived its challenge to defendant's failure to raise a claim under Article I, Section 8 of the Pennsylvania Constitution by failing to challenge the suppression court's explicit invocation of that provision before the intermediate court. The high court reversed and remanded.
Publication Date: 2020-08-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0849
The trial court erred in ordering defendant, who murdered his wife, disposed of her body in a lake and told the U.S. Coast Guard that she had fallen overboard, to pay restitution to the Coast Guard because the Coast Guard did not qualify as a "victim" under 18 Pa.C.S. §1106(a). The superior court vacated the restitution portion of defendant's judgment of sentence.
Publication Date: 2020-08-03
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0813
In addressing defendant's ineffective assistance of counsel claim asserted in a Post Conviction Relief Act petition, the lower court disregarded the prejudicial impact prong of Strickland/Pierce by comparing the prosecutorial evidence from the wrong trial to the evidence defendant produced at her PCRA hearing. The superior court vacated and remanded.
Publication Date: 2020-08-03
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0809
The high court refused to bar Pennsylvania appellate courts from exercising their discretion to apply the harmless-error doctrine when deemed warranted in criminal cases where advocacy from the commonwealth on the issue is lacking. The high court affirmed defendant's judgment of sentence.
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0769
Although defendant was required to file separate notices of appeal when appealing multiple docket numbers, the trial court's order directing defendant to file "an appeal" or "a notice of appeal" constituted a breakdown of the court system that allowed defendant to avoid quashal of his appeal. Order of the trial court affirmed.
Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0768
Where Appellate Rule 341 and construing case law only required a criminal appellant to file separate notices of each appeal for each separate docket number being appealed, the court erred by imposing a requirement that a notice of appeal could only list one docket number. Judgment of sentence affirmed.
Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0769
Although defendant was required to file separate notices of appeal when appealing multiple docket numbers, the trial court's order directing defendant to file "an appeal" or "a notice of appeal" constituted a breakdown of the court system that allowed defendant to avoid quashal of his appeal. Order of the trial court affirmed.
Publication Date: 2020-07-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0721
The trial courterred in imposing a mandatory minimum sentenceupon defendant as a second-strike offender of a crime of violence under 42 Pa.C.S. §9714where defendant's 1994 conviction for burglary was not an equivalent offense to his current burglary conviction given the changes in the crime's statutory elements. The superior court remanded for resentencing.
Publication Date: 2020-07-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0721
The trial courterred in imposing a mandatory minimum sentenceupon defendant as a second-strike offender of a crime of violence under 42 Pa.C.S. §9714where defendant's 1994 conviction for burglary was not an equivalent offense to his current burglary conviction given the changes in the crime's statutory elements. The superior court remanded for resentencing.
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