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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.

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  • Commonwealth v. Mrozik

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0774

    Trial court erroneously imposed aggravated sentence of 12 to 24 months without providing reasons on the record, where standard range sentence that could be imposed upon defendant was a lower limit minimum of six months and an upper limit minimum of less than 12 months. Judgment of sentence affirmed in part and vacated in part, case remanded.

  • Commonwealth v. Mikitiuk

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry: Chemicals and Materials
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0770

    There was enough evidence to support defendant's conviction on the charge of risking a catastrophe in violation of 18 Pa.C.S. §3302(b) where the record revealed that defendant was an active participant in the transporting of dangerous methamphetamine-making chemicals in an urban area. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Fudge

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0769

    The trial court abused its discretion and usurped the normal process of defendant's criminal trial when it sua sponte recorded a guilty verdict on the charge of driving under the influence after the jury indicated that it could not reach a unanimous decision on that charge. The appellate court vacated in part defendant's judgment of sentence.

  • Commonwealth v. Ellison

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0768

    The trial court did not err in denying defendant's motion to compel disclosure of the identity of a confidential informant involved in three drug transactions with defendant where he failed to demonstrate that the CI's identity was material to his defense. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Smith

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0772

    Challenge to preclusion of character witness who would testify as to defendant's trait of "appropriateness with children" waived where appellant's counsel failed to lodge a contemporaneous objection to the witness' preclusion. Judgment of sentence affirmed.