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  • Commonwealth v. Miller

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1093

    The evidence of record was sufficient to sustain defendant's conviction for aggravated assault as the jury was free to believe that defendant meant what he repeatedly said to the victim when he threated to shoot and kill him while simultaneously pointing a gun at his head. The appellate court affirmed defendant's judgment of sentence.

  • Barksdale v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1054

    The Pennsylvania Board of Probation and Parole's decision to recommit defendant as a convicted parole violator did not satisfy the requirements of §507 of the Administrative Agency Law where it did not explain the reasons for concluding that the board properly calculated defendant's maximum sentence date. The court denied plaintiff's motion for a new trial.

  • Commonwealth v. Bankhead

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1058

    PCRA petition was untimely where repeated prison lockdowns that prevented inmate's access to prison library did not constitute governmental interference for purposes of statutory exception to PCRA time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Hernandez

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Elliot
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1057

    Defendant did not establish that his sentence constituted a de facto life sentence, necessitating a finding by the sentencing court that he was incapable of rehabilitation, where he failed to show that he had no plausible chance of survival until the minimum release date. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Maguire

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1059

    Statutorily-authorized commercial vehicle inspection checkpoints were not subject to the Tarbert/Blouse guidelines, which applied only to checkpoints to which all drivers were subject. Order of the superior court affirmed.

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  • Commonwealth v. Marrero

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1055

    The trial court did not abuse its discretion by refusing to excuse a juror during defendant's trial as the record supported the court's credibility determination that this juror expressed no racial bias toward the defendant when she commented about the existence of a jury of his peers. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. H.D.

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1056

    The trial court erred in requiring defendant to establish that her belief that her child was in danger was "reasonable" in order to establish a defense to the charge of interfering with the custody of a child as there is no mention of a reasonable person standard in the statute. The appellate court reversed and remanded.

  • Commonwealth v. Thomas

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1025

    First-degree murder conviction and death sentence affirmed where trial court properly assessed competency of physically- and intellectually-disabled witness to testify at trial and where any errors by the trial court were harmless in light of overwhelming amount of competent evidence of defendant's guilt. Judgment of sentence affirmed.

  • Commonwealth v. Shaw

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1021

    Defendant's mental health issues, which were well known to the parties and explored both at trial and at sentencing, did not constitute newly discovered facts such that his untimely petition for relief under the Post Conviction Relief Act could be excused under 42 Pa.C. S. §9545. The appellate court affirmed.

  • Commonwealth v. Broitman

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1023

    The trial court did not abuse its discretion in denying defendant's request for new counsel and a continuance as the court properly weighed defendant's right to counsel of choice against the state's interest in proceeding to trial and found that defendant's last minute request would burden the commonwealth and its witnesses as well as the trial court. The appellate court affirmed.