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  • Commonwealth v. Lee

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0283

    Defendant, who was over 18 years of age when she committed second-degree murder, could not rely on the U.S. Supreme Court's ruling in Miller v. Alabama, barring most mandatory life without parole sentences for those under the age of 18, since age is the sole factor in determining whether Miller applies to overcome the Post Conviction Relief Act time-bar. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Mercado

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0285

    The trial court erred in granting defendant's motion to suppress evidence of his use of marijuana prior to and/or while operating a motor vehicle since the selection of the location and operation of the checkpoint where defendant was stopped met the constitutional requirements for such a stop, including considerations of safety. The appellate court reversed and remanded.

  • Commonwealth v. Baumgartner

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0279

    The evidence was sufficient to support defendant's conviction on charges of animal fighting for amusement or gain where defendant had a personal motive to instigate a dog fight and caused his dog to attack the victim's dog as a means of retribution. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Coleman

    Publication Date: 2019-03-11
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0263

    The trial court erred in suppressing defendant's pre-arrest statements to police where the record supported the court's finding that defendant was not in custody for Miranda purposes, but he chose to stay and speak with police despite his invocation of the right to remain silent. The appellate court reversed and remanded.

  • Commonwealth v. Padilla-Vargas

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0261

    The trial court did not err in finding defendant guilty of cruelty to animals where the evidence established that he knew of his dog's dietary needs but abandoned the dog for a sufficiently long time such that the dog would certainly die. The appellate court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Bickerstaff

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0265

    Trial counsel was ineffective for failing to protect defendant from an enhanced sentence on the charge of attempted murder with serious bodily injury where the commonwealth did not give defendant notice of its intent to prove serious bodily injury related to attempted murder. The appellate court vacated defendant's judgment of sentence and remanded for resentencing.

  • Commonwealth v. Maddrey

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0264

    Where the court below found that defendant's case was brought to trial well within the time required by Pa.R.Crim.P. 600 and defendant failed to present any arguments to refute this conclusion, he failed to raise any meritorious issues on appeal. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Carter

    Publication Date: 2019-03-11
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0262

    In this case involving judicial delay in arraigning defendant, the trial court did not abuse its discretion in finding that the commonwealth failed to exercise due diligence in pursuing defendant's case since the commonwealth had the ability to arraign defendant at any point. The appellate court affirmed a trial court order of dismissal.

  • Commonwealth v. Sanchez

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0227

    The trial court properly dismissed defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant failed to meet the 60-day time requirement under §9545(b)(2) and failed to explain how certain "newly discovered facts" about a detective held civilly liable could not have been ascertained sooner. The appellate court affirmed defendant's judgement of sentence.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0226

    The trial court properly admitted into evidence a murder victim's planner note under the state-of-mind exception to the hearsay rule but erred in admitting an email from the victim under the same exception since the email was a recount of her memory or belief to prove a fact remembered, though the error was harmless. The appellate court affirmed defendant's judgement of sentence.