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  • Commonwealth v. Wright

    Publication Date: 2020-01-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1512

    Under the totality of the circumstances, police officers had reasonable suspicion to believe that defendant was armed and dangerous such that they could remove him from his vehicle to conduct a pat-down; therefore, the trial court did not err in denying defendant's motion to suppress evidence. The appellate court affirmed.

  • Commonwealth v. Mayfield

    Publication Date: 2019-12-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1497

    Pursuant to Pa.R.App.P. 3331(a)(1), the state's high court had exclusive jurisdiction over the commonwealth appeal challenging the appointment of a special prosecutor in the underlying criminal case. The appellate court transferred the commonwealth's appeal to the supreme court.

  • Commonwealth v. Cosby

    Publication Date: 2019-12-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1480

    The trial court did not err in allowing evidence of defendant William Cosby's prior bad acts where such evidence offered by five woman established defendant's unique sexual assault playbook and that his assault of the victim in this case followed a predictable pattern. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Moye

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1436

    The trial court erred when it sentenced defendant, who was a juvenile when he committed murder, to life without the possibility of parole as the commonwealth presented no evidence regarding defendant's inability to be rehabilitated and, thus, failed to rebut the presumption against life without parole as an appropriate individualized sentence. The appellate court vacated defendant's sentence and remanded for resentencing.

  • Commonwealth v. Palchanes

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1435

    The evidence of record supported defendant's conviction for obstructing the administration of law or other governmental function where he refused to submit to a blood draw despite being served with a valid search warrant secured by police. The appellate court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Anderson

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1438

    The trial court did not impose a de facto life imprisonment sentence without the possibility of parole upon defendant, who was a juvenile when he committed murder, where he failed to establish that it was unlikely he would survive until his minimum release date or that there was no opportunity for release in such time as to permit him to enjoy a period of liberty. The appellate court affirmed defendant's sentence.

  • Commonwealth v. Cruz

    Publication Date: 2019-12-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1394

    Where defendant relied on, as newly discovered evidence, a specific letter to him from investigators indicating that mistakes were made in the analysis of forensic evidence offered at his criminal trial, rather than an earlier and more general press release announcing such mistakes, the lower court erred in dismissing as untimely his Post Conviction Relief Act petition.

  • Commonwealth v. Kirwan

    Publication Date: 2019-10-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1258

    Defendant, who was designated a sexually violent predator, was not eligible for relief under the Post Conviction Relief Act since only the sanctions of imprisonment, probation and parole are "sentences" for eligibility purposes under the act. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Meredith

    Publication Date: 2019-10-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1259

    The trial court did not abuse its discretion in finding the victim's teenage son competent to testify as a witness since the issue of whether he had the ability to correctly recall the events at issue was a question of credibility for the jury. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Johnson

    Publication Date: 2019-10-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1257

    Defendant's former prosecution for driving with a suspended license occurred before a court that lacked jurisdiction over another offense of possession of heroin with intent to deliver; thus, the court of common pleas could properly assert its separate, original jurisdiction over that charge under 18 Pa.C.S. §112. The appellate court affirmed defendant's judgment of sentence.