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  • Allen v. Commonwealth Bd. of Probation & Parole

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0446

    Petitioner, a parolee serving time in a correctional facility, was not entitled to the relief sought in his mandamus petition, i.e., immediate release from prison, where the record clearly established that there were two outstanding detainers to which the Pennsylvania Board of Probation and Parole properly paroled him. The appellate court denied petitioner's application for mandamus relief.

  • Commonwealth v. Dix

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0450

    While the police officers involved in defendant's arrest did approach him with guns raised when they suspected defendant was reaching for a concealed weapon, the fact that the officers had their guns drawn did not, under the totality of the circumstances, render the stop a custodial detention. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Ligon

    Publication Date: 2019-04-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0430

    While defendant, a juvenile lifer, was entitled to resentencing in the wake of the U.S. Supreme Court's ruling in Miller v. Alabama, the resentencing court was statutorily required to sentence him to a maximum term of life pursuant to Pennsylvania precedent. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Adams

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0385

    The courts below erred in finding that defendant's interaction with police did not ripen into an investigative detention prior to the arresting officer detecting indicia of intoxication since an investigatory detention may not be premised upon officer safety.

  • Commonwealth v. Williams

    Publication Date: 2019-04-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0358

    Failure to file multiple notices of appeal from a judgment or order concerning multiple dockets, after case law was handed down requiring multiple notices of appeal, required quashal of a single notice of appeal from four dockets. Appeal quashed.

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  • U.S.A. v. Jackson

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Bissoon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0292

    Defendant moved to have his plea bargain stipulated sentence reduced because the stipulated sentence referred to section 2D1.1 of the sentencing guidelines; that section was amended shortly after he was sentenced decreasing the base offense levels, the court had the authority to reduce the sentence and found it was appropriate to do so. Motion granted.

  • Commonwealth v. Brockington-Winchester

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0315

    The trial court erred in finding that collateral estoppel precluded defendant's retrial on charges of trafficking in individuals and attempted involuntary servitude after a hung jury on those offenses, since defendant's acquittal on charges of robbery and theft did not negate the commonwealth's ability to prove the elements of the two outstanding offenses. The appellate court reversed and remanded.

  • Commonwealth v. Bozeman

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0317

    The trial court erred in finding that police had no basis to stop defendant's vehicle because they lacked probable cause to believe he violated §3351 of the Motor Vehicle Code, addressing "stopping, standing and parking outside business and residence districts," as the statute does not require the actual obstruction of the flow of traffic or mandate that the vehicle be stationary for a specific period. The appellate court reversed and remanded.

  • Commonwealth v. Ligon

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0313

    Where the prosecutor's use of the term "cold-blooded killer" in closing arguments directly related to defendant's alleged actions and the mens rea required for the crime charged and the use of the term constituted an isolated use of oratorical flair, defendant was not entitled to relief based on counsel's failure to object. The appellate court affirmed a trial court order denying defendant's petition for relief under the Post Conviction Relief Act.

  • Commonwealth v. Tanner

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0284

    Court vacated appellant's plea deal in its entirety in his conviction for multiple counts of forgery, theft by unlawful taking and access device fraud because the part of his sentence requiring restitution was void and unenforceable since township was not a "victim" under the statute and the sentence was illegal. Affirmed in part and reversed in part.