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  • United States v. Scripps

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0649

    District court erred in denying appellant's motion arguing his appellate counsel was ineffective for failing to argue that trial judge erred by not personally inviting appellant to speak during sentencing and court found rule 32 was not satisfied if the sentencing judge asked defendant's attorney if defendant wished to speak but failed to address defendant himself. Vacated and remanded.

  • Commonwealth v. Lock

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0633

    The trial courtdid not err in imposing upon defendant restitution in accordance with 18 Pa.C.S. §1106for violating the state's Dog Law where defendant allowed one of his dogs to come loose, resulting in an attack on the neighbor's catand $9,331 in required veterinary services. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Arrington

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0634

    Police lacked reasonable suspicion to conduct a protective weapons search of defendant and his vehicle where defendant did not display extreme nervousness or make any furtive movements during a traffic stop and police did not observe any weapons in plain view. The superior court affirmed in part and reversed in part.

  • Commonwealth v. Rosenthal

    Publication Date: 2020-06-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0636

    The trial courtdid not abuse its discretion in holding that further inquiry into jurydeliberations was not warranted in this case since the comments highlighted by a specific juror did not show that racial animus was a significant motivating factorin the jurors' vote to convict defendant. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Purnell

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0606

    The trial court did not abuse its discretion in granting the commonwealth's request to have a comfort dog present during the testimony of an autistic minor as there was no inherent prejudice in the presence of the dog in the courtroom and the trial court was not required to find a compelling "necessity" for the dog's presence. The superior court affirmed defendant's judgment of sentence.

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  • Commonwealth v.Glenn

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0603

    The trial court erred in finding defendant guilty of driving under the influence-metabolite under 75 Pa.C.S. §3802(d)(1)(iii) where he had a medical prescription for Fentanyl due to surgery and, thus, lawfully had resulting metabolites in his bloodstream. The superior court vacated defendant's judgment of sentence.

  • Commonwealth v.Giliam

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0602

    The revocation of defendant's probation sentence could not stand where he was acquitted of the new criminal charges giving rise to the probation revocation hearing and the trial court erroneously considered whether the probation was an effective deterrent. The superior court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v.Chichkin

    Publication Date: 2020-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0574

    The superior court found that a provision of §3806(a) of the Motor Vehicle Code, which statutorily equates a defendant's prior acceptance of an accelerated rehabilitative disposition in a driving under the influence case to be a prior "conviction" for purposes of a mandatory minimum sentence under §3804, to be unconstitutional. The superior court reversed and remanded.

  • Commonwealth v. Alston

    Publication Date: 2020-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0576

    Addressing an issue of first impression, the superior court found that the Allegheny County District Attorney had standing to seek to quash defendant's subpoena duces tecum served upon the records custodian of the Allegheny County Medical Examiner's Office, but that the trial court's order granting the motion to quash was overly broad. The appellate court reversed.

  • Commonwealth v. Johnson

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0550

    Defendant was entitled to double jeopardy protections where prosecution's egregious lack of preparation for capital case constituted reckless disregard of a substantial risk of depriving defendant of a fair trial. Order of the superior court reversed, case remanded.