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  • Commonwealth v. Presley

    Publication Date: 2018-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0916

    Since a Post Conviction Relief Act appeal is a "criminal case" for purposes of Pa.R.App.P. 1925(c)(3) and PCRA counsel was per se ineffective in failing to timely file a rule 1925(b) statement, the court reviewed the substance of defendant's contention that the PCRA court erred in dismissing his underlying ineffective assistance of counsel claim. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Olds

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0856

    The trial court did not err in sentencing defendant, who was convicted as a juvenile of second-degree murder prior to June 2012, to the maximum term of life imprisonment under 18 Pa.C.S. §1102(b) as this mandatory maximum did not violate the constitutional ban on cruel and unusual punishment. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. McCleary

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0850

    In considering whether the defendant provided valid consent to the search of an upstairs room of his home, the trial court erred in focusing exclusively on the officers' alleged violations of police directives where defendant had summoned police and verbally consented to the inspection of a second-floor room. The appellate court reversed and remanded.

  • Commonwealth v. Johnson

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0851

    The trial court did not err in denying defendant's challenge to the weight of the evidence where any alleged contradictory testimony supporting his criminal conviction, when viewed as a whole, was complimentary and any difference in testimony involved a minor discrepancy. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Golson

    Publication Date: 2018-06-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0749

    Defendant's designation as a sexual violent predator was unconstitutional in the wake precedent finding that such a designation constitutes a criminal punishment and that a factual finding that increases the length of his registration period must be found by a reasonable doubt by the chosen factfinder. The appellate court reversed in part defendant's judgment of sentence.

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  • Commonwealth v. Shannon

    Publication Date: 2018-05-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0542

    The PCRA court properly dismissed appellants PCRA petition and properly denied his motion for the recusal of the entire county bench based on racially offensive emails sent to the members of the county criminal justice system because the purportedly newly-discovered evidence did not support his claim of bias, the judge in appellants case did not receive the offensive email and there was nothing to show the judge was unfair or incompetent to consider appellants PCRA petition. Affirmed.

  • Commonwealth v. Bowers

    Publication Date: 2018-05-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0417

    In this case of first impression, the appellate court held that while an underlying criminal action remains pending, an appeal from an order deciding a commonwealth forfeiture petition is interlocutory and unappealable if the forfeiture petition relates in any way to the criminal prosecution. The appellate court squashed defendants appeal.

  • Commonwealth v. Beaudoin

    Publication Date: 2018-04-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0399

    The appellate court was neither compelled nor required to consider the deceased defendants appeal where neither party sought a decision on the appeal, the interests of justice were not implicated and the appeal did not present any novel legal issues of import to society in general. The appellate court dismissed defendants appeal.

  • Commonwealth v. Cook

    Publication Date: 2017-12-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1806

    Defense counsel correctly posited that defendants appeal was wholly frivolous where there was no viable challenge to the legality of his final sentence and no prior challenge to the discretionary aspects of his sentence either at the sentencing hearing or in a post-sentence motion. The court affirmed defendants judgment of sentence and granted counsels petition to withdraw.

  • Commonwealth v. Woeber

    Publication Date: 2017-11-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1752

    Trial court erred in excluding testimony of sexual assault victims exculpatory and contradictory statements under the Rape Shield Law. Judgment of sentence vacated, case remanded.