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  • Commonwealth v. Morrison

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1679

    Neither of the issues defendant raised on appeal challenging his sentence had merit and appointed counsel failed to follow the proper procedure, as set forth in Anders v. California, by including the frivolous issues in defendants brief on appeal. The court affirmed defendants judgment of sentence.

  • Commonwealth v. N.M.C.

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated defendants judgment of sentence.

  • Smith v. Bd. of Probation and Parole

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171672

    Commonwealth court panel erred in reversing the parole boards denial of credit to appellee on his state sentence for time he spent on detainer because board properly denied credit under Gaito v. Pa. Bd. of Prob. & Parole, 412 A.2d 568. Reversed.

  • Commonwealth v. Diggs

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ranson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1654

    The court of common pleas, sitting as an appellate court, could not properly determine whether it could exercise jurisdiction over defendants appeal from the denial of a motion to dismiss on double jeopardy grounds where the lower court did not comply with Pa.R.Crim.P. Rule 587(b) by entering its findings of fact, conclusions of law and findings as to frivolousness.

  • Commonwealth v. Leonard

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1659

    Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.

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  • Staton v. Bd. of Probation and Parole

    Publication Date: 2017-10-10
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1546

    The court granted counsels petition to withdraw because counsels no-merit letter met the technical requirements of Turner/Finley and convicted parole violators claims that the board did not have the authority to alter his judicially-imposed sentence beyond his original maximum term.