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  • Commonwealth v. Cobbs

    Publication Date: 2020-03-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0254

    While the life sentence underlying defendant's subsequent conviction for assault by a life prisoner was later altered, the only relevant status to the charge of assault by a life prisoner, pursuant to 18 Pa.C.S. §2704, was defendant's sentence status at the time he committed the assault. The superior court affirmed defendant's judgment.

  • Burgos v. City of Philadelphia

    Publication Date: 2020-03-02
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0224

    Plaintiff's case raised a genuine issue of material fact as to whether he exhausted the prisoner grievance procedures before filing this conditions-of-confinement lawsuit; therefore, defendants were not entitled to summary judgment based on plaintiff's alleged failure to exhaust administrative remedies. The court denied defendants' motion for summary judgment in part.

  • Commonwealth v. Hopkins

    Publication Date: 2020-02-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0186

    The record established that defendant's appeal waiver was effective where he was aware of all of his rights incident to an appeal but chose to waive them in favor of a sentence that was lower than the prosecution's initial pretrial offer and he acknowledged as much in a statement made in open court. The superior court affirmed defendant's judgment of sentence.

  • Kazickas v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2020-02-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0193

    Board could forfeit credit for time served on parole in good standing where it made credit conditioned on charges for criminal offenses that were committed during the same parole period.

  • Commonwealth v. Selenski

    Publication Date: 2020-02-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0156

    Trial counsel was not ineffective for failing to call witnesses to testify about defendant's non-smoking habits in the face of evidence that the perpetrator smoked at the scene where defendant failed to identify a specific witness trial counsel should have called and any additional testimony on the subject would have been cumulative of other evidence. The superior court affirmed.

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  • Commonwealth v. Pacheco

    Publication Date: 2020-02-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0127

    While the government did in fact conduct a "search" when it obtained defendant's real-time cell site location information, the search at issue was constitutional because it was conducted pursuant to warrants properly issued in accordance with Pennsylvania's Wiretapping and Electronic Surveillance Control Act. The superior court affirmed.

  • Commonwealth v. Cole

    Publication Date: 2020-02-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0125

    Where the commonwealth's key witness against defendant admitted that she had been convicted of retail theft and was incarcerated for violating her probation, defendant raised an arguably meritorious claim that trial counsel acted ineffectively by not requesting that the court instruct the jury regarding the witness's crimen falsi convictions. The superior court vacated the judgment of sentence and remanded.

  • Commonwealth v. Bowens

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0101

    The trial court erred in admitting evidence extracted from defendant's cell phone where the search occurred four days after the relevant warrant expired and, thus, police conducted a search of the phone without a valid warrant. The appellate court reversed and remanded.

  • Commonwealth v. Parrish

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0105

    Appellate counsel's filing of a deficient Rule 1925(b) constituted ineffective assistance of counsel and entitled appellant to reinstatement of his right to file a Rule 1925(b) statement nunc pro tunc. Case remanded.

  • Commonwealth v. Lipani

    Publication Date: 2020-02-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0055

    Defendant was not entitled to have his mandatory minimum sentences invalidated under the U.S. Supreme Court's decision in Alleyne v. U.S. where his petition for post-conviction relief was untimely and his judgment of sentence became final before Alleyne was decided. The court of common pleas recommended affirmance of an order denying defendant post-conviction relief.