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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.

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  • Commonwealth v. Williams

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0905

    Defendant entitled to new trial through PCRA relief where defendant obtained newly-discovered evidence of criminal misconduct by affiant of underlying search warrant and the only commonwealth witness at trial, causing the commonwealth to stipulate that it no longer stood by the credibility of the witness. Order of the trial court reversed, case remanded.

  • Commonwealth v. King

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0901

    The lower court addressing defendant's petition for relief under the Post Conviction Relief Act did not abuse its discretion by prohibiting the commonwealth from privately interviewing defendant's trial counsel, who refused to communicate with PCRA counsel, before an evidentiary hearing on defendant's ineffectiveness claim. The high court affirmed.

  • In Re: Arrington

    Publication Date: 2019-07-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0870

    The trial court did not abuse its discretion in finding defendant, a juvenile court probation officer, guilty of criminal contempt where the evidence established that he defied the court's directive to stop using his cellphone in the courtroom. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Jones

    Publication Date: 2019-07-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0868

    Defendant was not entitled to relief on appeal based on his ineffective assistance of counsel claim where he failed to establish by a preponderance of the evidence that there was a reasonable probability that the outcome of the criminal proceedings would have been different had an alibi instruction been given to the jury. The high court denied defendant relief on appeal.

  • Commonwealth v. Murphy

    Publication Date: 2019-07-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0839

    The record failed to establish a valid waiver of counsel where the entire exchange on the issue between defendant and the trial judge was truncated and insufficient to demonstrate a colloquy memorializing a knowing and voluntary waiver. The appellate court vacated defendant's judgment of sentence.