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  • Commonwealth v. Foster

    Publication Date: 2019-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1009

    The trial court erred in finding that defendant violated his probation by posting certain photographs of guns, drugs and cash on social media since the court was required to find that defendant violated a specific condition of probation or committed a new crime to be found in violation under 42 Pa.C.S. §9771. The high court reversed and remanded.

  • Commonwealth v. Rose

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0994

    Trial court did not err in declining to instruct the jury that defendant in a welfare fraud case had to have intent to defraud where the welfare fraud statute's text included no requirement that an offender have intent to defraud. Judgment of sentence affirmed.

  • Commonwealth v. Chism

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0990

    The appellate court lacked jurisdiction to hearing the commonwealth's appeal where its notice of appeal did not contain a statement certifying that the suppression order appealed from would terminate or substantially handicap the prosecution as required by Pa.R.App.P. 311(d). The appellate court quashed the commonwealth's appeal.

  • Commonwealth v. Creese

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0991

    Pursuant to Pa.R.App.P. 341(a) and the bright line rule for its application set forth in Commonwealth v. Walker, defendant's failure to file separate notices of appeal for all four docket numbers in each of his related cases required the appellate court to quash his appeal. The appellate court quashed defendant's appeal.

  • Commonwealth v. Kiley

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0988

    Since the offense of manufacturing a controlled substance contains all the elements of the offense of operating a methamphetamine laboratory, the two offenses merge for sentencing purposes and, therefore, defendant was subjected to an illegal sentence under the merger doctrine. The appellate court vacated defendant's judgment of sentence and remanded.

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  • Commonwealth v. Reed

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0968

    There was enough evidence to sustain defendant's convictions on trespass and burglary charges where the record established that the shed which defendant and an accomplice broke into and stole from was a "building" within the meaning of the burglary and criminal trespass statutes. The appellate court affirmed defendant's judgment of sentence.

  • Romansky v. Superintendent Greene SCI

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0977

    District court properly denied appellant's habeas claim that he was deprived of due process by the discrepancy between the conspiracy charge described in the charging documents and the charge as presented to the jury in his 1987 trial because his habeas petition was not timely filed and his ancillary claim of ineffective assistance of counsel failed because the1987 conspiracy conviction was not at issue in his 2000 retrial. Affirmed.

  • Commonwealth v. Persaud

    Publication Date: 2019-08-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0965

    While both the defendant and his counsel filed separate rule 1925(b) statements of errors complained of on appeal, appellate review was not impeded by hybrid representation under the unique circumstances of this case because the filings were complementary rather than competing. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Akhmedov

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0940

    While motor vehicle crashes seldom give rise to proof of the malice required to sustain a conviction for third degree murder, the evidence was sufficient to support defendant's convictions where the circumstances plainly warned him that his conduct while participating in drag races on public roads was nearly certain to result in a serious or fatal disaster. The appellate court affirmed defendant's convictions.

  • Commonwealth v. Pope

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0938

    The grading of defendant's unlawful contact with a minor offense as a felony of the first degree was contrary to §6318 of the Crimes Code and relevant case law interpreting that statute; therefore, the sentence imposed upon him for this charge was illegal. The appellate court vacated and remanded.