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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.

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  • Commonwealth v. Pacheco

    Publication Date: 2019-07-22
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0837

    The trial court erred in denying defendant's motion to suppress evidence obtained through real-time cell site location information, or CSLI, tracking since an individual maintains a legitimate expectation of privacy in the record of his physical movements captured through both historical and real-time CSLI tracking and, therefore, a warrant supported by probable cause was required. The appellate court vacated defendant's judgment of sentence, reversed in part and remanded.

  • Commonwealth v. Shaw

    Publication Date: 2019-07-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0840

    Where defendant's underlying claim of trial counsel's ineffectiveness was meritorious, his claim that Post Conviction Relief Act counsel was ineffective for unreasonably abandoning the underlying ineffectiveness claim in a rule 1925(b) statement also had arguable merit, warranting a new trial. The appellate court vacated defendant's judgment of sentence and remanded for a new trial.

  • Commonwealth v. Andrews

    Publication Date: 2019-07-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0804

    The trial court did not err in denying defendant's motion to dismiss based on rule 600 as the court properly found that the delay in bringing defendant to trial was caused in part by his own request for a continuance and by the trial court's congested docket. The appellate court affirmed.

  • Commonwealth v. Ramsey

    Publication Date: 2019-07-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0809

    Trial court erred by imposing separate sentences for a delivery conviction and a possession with intent to deliver a controlled substance conviction arising from a single criminal act of delivery of a compound mixture of controlled substances. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Handley

    Publication Date: 2019-07-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0806

    The superior court rejected defendant's argument that schedule I of the Controlled Substance, Drug, Device and Cosmetic Act was unconstitutional in that it included marijuana, a substance recognized under the Medical Marijuana Act as having the potential for medical use. The appellate court affirmed defendant's judgment of sentence.