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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.

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  • Commonwealth v. Hoover

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0548

    Vacating order terminating sentence of intermediate punishment following defendant's subsequent arrest violated due process where trial court did not condition the order of termination on defendant's future conduct. Order of the superior court reversed.

  • Commonwealth v. Bostian

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0547

    A trial judge violated the coordinate jurisdiction rule when she reversed a prior decision and dismissed all charges against defendant as the prior determination that the commonwealth presented prima facie evidence for all charges was not clearly erroneous, manifestly unjust or plainly intolerable. The superior court reversed and remanded.

  • Commonwealth v. Coleman

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0543

    The lower courts erred in dismissing defendant's ineffective assistance of counsel claim, which rested on the uncontested admission of hearsay testimony, where the hearsay was offered for another purpose, not the truth asserted therein, but the trial court offered no corresponding limiting instruction. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Bradley

    Publication Date: 2020-05-25
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0521

    The commonwealth established that a Williamsport Bureau Police policy barring filming or recording in the police department lobby by members of the public was a reasonable time, place and manner restriction and that defendant was guilty of defiant trespass for violating the policy. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Maxwell

    Publication Date: 2020-05-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0497

    Defendant's untimely Post Conviction Relief Act petition could not be saved by the newly-discovered factexception, at 42 Pa.C.S. §9545(b)(1)(ii), as the evidence defendant relied upon was merely a new source of information that confirmed facts and claims defendant had previously raised. The appellate court affirmed defendant's judgment of sentence.