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Publication Date: 2019-02-26
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0043
Defendant's petition for post-sentence relief, though styled as a petition for habeas corpus relief, was subject to the restrictions in the Post Conviction Relief Act and was, therefore, untimely. The trial court recommended affirmance of its order dismissing defendant's habeas corpus petition.
Publication Date: 2019-02-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0197
While the arresting police officer did not activate her lights or siren when she pulled up behind defendant, she nevertheless restrained defendant's freedom of movement by means of physical force where she blocked the exit and, thus, an investigative detention unsupported by reasonable suspicion commenced. The appellate court vacated a judgment of sentence, reversed and remanded.
Publication Date: 2019-02-26
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0193
Defendant's claims challenging application of the Sex Offender Registration and Notification Act registration requirements implicated the legality of his sentence; therefore, they were properly considered under the Post Conviction Relief Act and subject to the PCRA time limitations. The appellate court vacated and remanded.
Publication Date: 2019-02-26
Practice Area: Criminal Appeals
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0044
The trial court exercised its discretion to revoke defendant's probation and incarcerate him on new felony drug charges committed less than two months after his release given the likelihood that he would reoffend if not imprisoned and the absence of any documented rehabilitative needs or mitigating circumstances. The trial court recommended dismissal of defendant's appeal.
Publication Date: 2019-02-26
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0196
The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0175
The trial court properly concluded that defendant's New York conviction for tampering with a witness was not substantially similar to the Pennsylvania crime of intimidation of a witness such that he was not subject to charges for possession of a firearm by persons prohibited under 18 Pa.C.S. §6105(a)(1). The appellate court affirmed an order dismissing charges.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0174
Defendant, who elected to plead guilty to charges of unlawfully possessing a firearm, was bound by the statements he made in open court while under oath; thus, he could not assert grounds for withdrawing his plea which contradicted the statements he made at his plea colloquy. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0176
Where defendant filed an untimely petition for relief under the Post Conviction Relief Act, the PCRA court had no jurisdiction to restore defendant's direct appeal rights nun pro tunc via the untimely petition. The appellate court dismissed defendant's appeal from an order denying him post-conviction relief.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0173
Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0173
Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
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