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  • Commonwealth v. Chimenti

    Publication Date: 2019-09-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1110

    Defendant failed to demonstrate that his untimely Post Conviction Relief Act petition was subject to the governmental interference exception to the timeliness requirements since the purported plea agreement he relied upon and sought to enforce had already been declared void by the state's high court. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Clemat

    Publication Date: 2019-09-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1108

    In this criminal case involving drug-related charges, the trial court did not err in denying defendant's request to strike for cause a juror whose close friend had recently died of a drug overdose but said she remained a fair and impartial juror, as the trial judge was in the best position to assess the juror's credibility and fitness to serve. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Brensinger

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1087

    PCRA defendant entitled to pro se prisoner exception under newly-discovered facts exception where there was no evidence that any attorney had agreed to represent defendant prior to a timely date. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. Benitez

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1085

    Consent to canine search was validly given where police developed reasonable suspicion during valid traffic stop for a registration issue, and there was no indication defendant was coerced or threatened or made an unintelligent decision to consent to search. Judgment of sentence affirmed.

  • Commonwealth v. Casey

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1090

    A single petition for permission to appeal orders from multiple docket numbers was denied where petitioners were required to file separate petitions for each docket. Petition denied.

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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.