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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.

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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.