• Commonwealth v. Wallace

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 93 MAP 2021

    Jamal Wallace appealed the superior court's order affirming appellant's judgment of sentence for aggravated assault, criminal conspiracy, and carrying a firearm without a license. Appellant's conviction arose from the shooting of Kamaal Dutton. As part of the investigation, police discovered that several businesses near the location of the shooting had exterior surveillance cameras. Investigators recovered surveillance footage that depicted two adults later identified as appellant and Mason Clary in the area in the hours leading up to

  • Commonwealth v. Knupp

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1439 WDA 2021

    A trial court did not err by admitting evidence of appellant's prior bad acts, namely three controlled drug sales to a confidential informant, where the evidence set the stage for the subsequent issuance of search warrants and supported the notion that the defendant possessed a drug stash and intended to deliver it. The court vacated a portion of appellant's sentence and affirmed the remaining judgments of sentence.

  • Commonwealth v. Salter

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 253 WDA 2022

    Trial court did not abuse discretion in imposing aggravated sentence for defendant's lack of remorse at trial, where defendant waived right against self-incrimination by testifying at trial and where other independent evidence supported a finding that defendant had a callous disregard for the victim's life. Judgment of sentence affirmed.

  • Commonwealth v. Powell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 699 MDA 2022

    Challenge to legality of sentence due to purported failure to allege element of convicted offense in criminal information constituted a cognizable claim under the PCRA, rendering petition filed 20 years after judgment of sentence patently untimely. Order of the trial court affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1185 WDA 2021

    Rules of criminal procedure required dismissal of vehicle code infraction case due to citing officer's failure to appear for trial de novo, even though defendant also failed to appear. Judgment of conviction and sentence vacated, case dismissed.

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  • Commonwealth v. Troell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 567 MDA 2022

    Trial court properly applied an offense gravity score of 12 when sentencing appellant for aggravated indecent assault of a child because appellant entered a guilty plea under 18 Pa.C.S.A. §3125(b) and did not contest the factual basis supporting the charge, that he penetrated the complainant when she was less than 13 years of age and without her consent. Affirmed.

  • Commonwealth v. Spence

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1977 EDA 2022

    Police had probable cause to stop vehicle that turned around from checkpoint when officers observed multiple violations of the motor vehicle code as the vehicle turned around and left the checkpoint area. Judgment of sentence affirmed.

  • Commonwealth v. Carrera

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 694 MDA 2022

    Defendant's sentencing as a third-strike offender was based on the facts of his prior convictions, which were offenses enumerated in the Three Strikes Law; therefore, the trial court's imposition of an enhanced sentence on his most recent convictions was constitutional. The appellate court affirmed.

  • Nesmith v. Pennsylvania Parole Bd.

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1237 C.D. 2021

    Parole board properly calculated petitioner's parole violation maximum date after he was convicted on new retail theft charges and petitioner's counsel fulfilled the requirements of Turner. Affirmed.

  • Commonwealth v. Stoops

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 459 MDA 2022

    The trial court did not err in ordering defendant to pay restitution as part of his sentence resulting from an unlawful car chase where defendant's flight from police was the but-for cause of the damage to police vehicles. The appellate court affirmed.