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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.

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  • Commonwealth v. Highley

    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.

  • Commonwealth v. Hampton

    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.

  • Commonwealth v. Greco

    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.

  • Commonwealth v. Sierra-Mojica

    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.

  • Commonwealth v. Green

    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.