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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.

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  • Commonwealth v. Koehler

    Publication Date: 2020-05-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0477

    The court below erred in denying defendant's petition for relief under the Post Conviction Relief Act based on alleged judicial bias at the appellate court level due to lack of authority, as the PCRA court had inherent authority to grant a nunc pro tunc appeal to remedy an alleged due process violation in the prior appeal. The high court reversed and remanded.

  • Commonwealth v. Britton

    Publication Date: 2020-05-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0450

    The lower courts correctly determined that California law enforcement officers were not acting as agents of the Pennsylvania State Police when they interviewed defendant in her California home, as Pennsylvania authorities did not exercise any control over the manner in which the California detectives conducted the interview. The high court affirmed.

  • Commonwealth v. Cox

    Publication Date: 2020-05-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0449

    The superior court conducted an independent review of the record to determine whether defendant's appeal from his murder convictions was wholly frivolous and agreed with the trial court that his sufficiency of evidence challenge lacked merit given the substantial evidence of defendant's guilt. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Blair

    Publication Date: 2020-04-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0409

    While the trial court retained jurisdiction to correct an obvious error in defendant's sentence, the court erred in failing to give defendant notice of the proposed change and an opportunity to be heard in accordance with 42 Pa.C.S. §5505. The appellate court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v. Brockington

    Publication Date: 2020-04-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0384

    Defendant failed to present sufficient evidence to invoke self-defense as a justification for her actions, i.e., firing a handgun into the air of her Philadelphia neighborhood, where her testimony did not establish that she knew or had reason to believe that anyone had unlawfully entered or was in the process of unlawfully entering her home. The superior court affirmed defendant's judgment of sentence.