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  • Commonwealth v. Larkin

    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.

  • Commonwealth v. Johnson

    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.

  • Commonwealth v. Larkin

    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.

  • Commonwealth v. Lites

    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.

  • Commonwealth v. Lites

    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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  • Commonwealth v.Starr

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0695

    In this case involving a sex offender, the trial court did not abuse its discretion in imposing an internet restriction as a special condition of defendant's probation revocation sentencewhere he failed to comply with the terms of his probation and was unable/unwilling to act in a manner that would not place the community in danger. The superior court affirmed the judgment of sentence.

  • Commonwealth v. Tyler

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0694

    Defendant's motion for DNA testing under 42 Pa.C.S. §9543.1 constituted a separate and distinct litigation from his appeal from an unsuccessful Post Conviction Relief Act petition; therefore, the PCRA court erred in finding that it lacked jurisdiction to address his motion due to a pending PCRA appeal. The superior court affirmed defendant's judgment of sentence after considering the merits.

  • Commonwealth v.Starr

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0695

    In this case involving a sex offender, the trial court did not abuse its discretion in imposing an internet restriction as a special condition of defendant's probation revocation sentencewhere he failed to comply with the terms of his probation and was unable/unwilling to act in a manner that would not place the community in danger. The superior court affirmed the judgment of sentence.

  • Commonwealth v.Bright

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0696

    The trial court did not abuse its discretion in denying defendant's motion to disclose the identity of two confidential informants involved in a supervised drug buy where he failed to explain how testimony from these informants could have aided in his defense. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v.Anderson

    Publication Date: 2020-06-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0669

    The trial courtproperly denied defendant's untimely Post Conviction Relief Act petition where he filed the petition more than a year after his judgment of sentence became final without pleading or proving any exception to the PCRA time-bar. The superior court affirmed defendant's judgment of sentence.