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  • Commonwealth v. Beatty

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0479

    The trial court erred in holding defendant's second petition for relief under the Post Conviction Relief Act in abeyance, pending the outcome of his appeal from the denial of his first PCRA petition, and then reinstating the second petition for review on the merits without a jurisdictional analysis. The appellate court affirmed the denial of post-judgment relief on other grounds.

  • Commonwealth v. Duke

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0478

    The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.

  • Commonwealth v. Blount

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0482

    There was valid authority for the sentencing court to impose upon defendant, a juvenile lifer, a maximum sentence of life imprisonment for his first-degree murder convictions given the state high court's 2017 decision in Commonwealth v. Batts. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Beish

    Publication Date: 2019-04-29
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0481

    The trial court did not deprive defendant of his constitutional due process rights when it found him ineligible for the Recidivism Risk Reduction Incentive program under 61 Pa.C.S. §4503(5) since defendant had no constitutional right or interest in participating in that program. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Davis

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0449

    The trial court did not err in sentencing defendant, a juvenile lifer entitled to resentencing in the wake of the U.S. Supreme Court's ruling in Miller v. Alabama, to 40 years to life in prison as the trial court was authorized to exercise discretion in imposing a sentence beyond the 35-year minimum provided in 18 Pa.C.S.A. §1102.1(a). The appellate court affirmed in part and vacated in part defendant's judgment of sentence.

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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.