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  • Commonwealth v. Saunders

    Publication Date: 2020-01-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0066

    The trial court did not err in refusing to give defendant credit for time served pertaining to an earlier vacated sentence as the state constitution neither permits nor requires the establishment of "penal checking accounts" whereby time served on unrelated charges later declared invalid may be applied toward a future sentence. The appellate court affirmed.

  • Commonwealth v. Coleman

    Publication Date: 2020-01-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0067

    Pursuant to Pa.R.Crim.P. 720, 721 and Pennsylvania precedent, the trial court lacked authority to impose upon defendant a harsher sentence than that originally imposed upon his motion for reconsideration where the court had no new information to support such an increase. The appellate court reversed and remanded.

  • Orie v. Dist. Attorney Allegheny County

    Publication Date: 2020-01-13
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0012

    District court properly denied convicted appellant's petition for habeas corpus and her motion for F.R. Civ.P. rule 60(b)(1) relief for her late filing of objections to magistrate judge's report because the neglect in her late filing was manifest and she was not "in custody" on the charges she challenged because she received no penalty for them. Affirmed.

  • Commonwealth v. Clary

    Publication Date: 2020-01-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0004

    The sentencing court did not err in allowing the commonwealth to present expert testimony at a resentencing hearing regarding defendant's gang affiliations and activity while in prison since the commonwealth was not required to disclose the names of rebuttal witnesses before knowing whether it needed to produce such rebuttal proof. The appellate court affirmed defendant's sentence.

  • Commonwealth v. Price

    Publication Date: 2020-01-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0005

    Denial of suppression of evidence reversed and remanded where traffic stop and search was based solely on 911 report that defendant was in possession of a firearm, with no further information indicating defendant was illegally possessing a firearm or otherwise engaged in illegal activity. Judgment of sentence vacated, case remanded.

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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.