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  • Commonwealth v. Bathurst

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 821 MDA 2022

    Trial court properly denied suppression motion in DUI case where police approached vehicle to conduct a welfare check and did not detain the driver until observing signs of alcohol intoxication. Judgment of sentence affirmed.

  • T.J. v. Pa. State Police

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 123 M.D. 2018

    Petitioner sought a declaration that he was no longer required to register as a sex offender in Pennsylvania based on his 1997 New York conviction and court found the registration requirements of SORNA II were not unconstitutional as applied to petitioner and court was not able to determine what registration, if any, applied to petitioner because the record did not contain evidence allowing court to determine the age of the victim and what Pennsylvania statute was comparable to the New York statute under which he was convicted. Applic

  • Commonwealth v. Avery

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 660 OF 2021

    The court granted in part and denied in part criminal defendant's pretrial motions. The court granted defendant's habeas petitions in part finding that the state failed to present "some" evidence of the crimes charged. The court further denied defendant's motion to suppress evidence of an illegal search, detention, and arrest, finding that the officer acted appropriately, had sufficient cause to pull the vehicle over, and received consent to search the vehicle.

  • Commonwealth v. Smith

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1158 MDA 2021

    Spousal communication privilege did not apply in context of alleged violations of a Protection From Abuse order between spouses. Judgment of sentence affirmed.

  • Commonwealth v. Boyd

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1007 EDA 2021

    Court remanded constitutional challenges to lifetime sex offender registration back to the trial court for further hearings regarding the existence of a scientific consensus regarding sex offender recidivism. Case remanded.

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  • Commonwealth v. Young

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2088 MDA 2018

    Trial court properly denied evidence obtained from search where warrant was overbroad due to failure to incorporate time limitation consistent with the probable cause established by the supporting affidavit. Order of the trial court affirmed.

  • Commonwealth v. Haahs

    Publication Date: 2023-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2358 EDA 2021

    A person's lips and inside of their mouth were "intimate parts" for purpose of the indecent assault statute as touching those areas, outside of medical/dental care, was typically done only by an intimate or sexual partner. Judgment of sentence affirmed.

  • Commonwealth v. Mendoza

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 260 MDA 2022

    Reliable confidential informant information combined with police surveillance of controlled buys established sufficient probable cause for a substantial nexus between suspect's home and evidence of criminal or contraband that was the subject of a search warrant. Order of the trial court reversed, case remanded.

  • Commonwealth v. Cunningham

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 MDA 2022

    Police had reasonable suspicion to stop and frisk individuals due to odor of marijuana and their evasion of approaching officers, followed by the individuals' aggressive behavior towards the officers and encircling of the officers that gave rise to their safety concerns. Order of the trial court reversed, case remanded.

  • Commonwealth v. McShane

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 617 of 2020

    The court granted in part and denied in part criminal defendant's motion to suppress statements and references to a polygraph examination. The court agreed that the totality of circumstances demonstrated that statements defendant made prior to the examination were willingly given. The court found, however, that the totality of circumstances warranted precluding references to the examination at large.