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  • Barnes v. Pa. Bd. of Probation & Parole

    Publication Date: 2019-02-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0150

    The Pennsylvania Board of Probation and Parole did not conduct an untimely parole revocation hearing, as defendant claimed, since the Board was only obligated to conduct such a hearing within 120 days of acquiring jurisdiction over the defendant parolee, i.e. after he left a Philadelphia County Prison and was returned to a state facility. The appellate court affirmed in part.

  • Commonwealth v. Clemons

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0121

    The high court conducted an independent evaluation of the record in this capital murder case and found the evidence sufficient to prove defendant guilty of first-degree murder beyond a reasonable doubt, including specific intent, which could be inferred from his use of a deadly weapon upon a vital part of a victim's body. The high court affirmed defendant's judgment of sentence.

  • Commonwealth v. Green

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry: Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0123

    The commonwealth established all the elements of a forgery, including the mens rea element, where the circumstantial evidence and reasonable inferences drawn therefrom established that defendant knew he was not a proper payee on a legitimate check from the victim staffing agency. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Monarch

    Publication Date: 2019-02-05
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0119

    The intermediate appellate court erred in concluding that defendant's enhanced sentence for driving while intoxicated was not unconstitutional where he not only refused to submit to blood testing, but also refused to submit to breath testing. The high court vacated defendant's judgment of sentence.

  • Commonwealth v. Adams

    Publication Date: 2019-02-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0120

    Pursuant to the fugitive forfeiture rule as applied in Commonwealth v. Deemer, the appellate court correctly affirmed defendant's judgment of sentence after the trial court found that he forfeited his appellate rights due to his fugitive status, even where counsel filed a timely notice of appeal on his behalf. The high court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Hill

    Publication Date: 2019-01-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0076

    Recent newspaper articles regarding the suspension of a specific police officer and the entry of a civil judgment against two other officers did not constitute newly discovered facts that would save defendant's untimely second petition for relief under the Post Conviction Relief Act where defendant had long before demonstrated an awareness of these reports. The court affirmed defendant's judgment of sentence.

  • Commonwealth v. Johnson

    Publication Date: 2019-01-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0055

    The trial court committed a clear error of law in analyzing a traffic stop and concluding that the stop was unlawful due to what it believed was the arresting officer's subjective motivation for stopping defendant's vehicle. The appellate court reversed a trial court order granting suppression of evidence.

  • Commonwealth v. Lehman

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0061

    Criminal defendant could not be ordered to pay costs of resentencing after his original sentence was deemed unconstitutional because to do so would punish the defendant for the exercise of his constitutional rights. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Fill

    Publication Date: 2019-01-22
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0057

    The trial court erred in not affording defendant the assistance of counsel at hearing on the commonwealth's motion resulting in a reduction of his credit for time served since defendant was entitled to such assistance at that critical stage in the proceedings and he did not forfeit the right to counsel through misconduct. The appellate court reversed and remanded.

  • Commonwealth v. Kline

    Publication Date: 2019-01-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0053

    Although defendant's non-verbal gunshot gesture toward the victim was not accompanied by any type of verbal communication, the evidence was sufficient to prove beyond a reasonable doubt that defendant had the intent to terrorize the victim, as required to prove the crime of terroristic threats. The appellate court affirmed defendant's judgment of sentence.