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  • Commonwealth v. Davis

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 EDA 2022

    Police were not required to establish exigent circumstances to lawfully seize a firearm under the plain view doctrine, where the firearm was observed from a lawful vantage point and its contraband nature was confirmed by officers. Judgment of sentence affirmed.

  • Commonwealth v. Wilson

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 918 WDA 2019

    Child sex abuse victim's forensic interview could be admitted under tender years exception where it displayed sufficient indicia of reliability and where defense counsel opened the door to its admission by questioning the victim on his interview statements on cross-examination. Judgment of sentence affirmed.

  • Commonwealth v. McShane

    Publication Date: 2022-12-26
    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

    While police employed intense tactics during an interrogation of defendant, the court found no basis for his claim that the interview was so manipulative or coercive that authorities deprived defendant of his ability to make a free and unconstrained decision to confess. The court denied defendant's motion to suppress.

  • Commonwealth v. Bullock

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 357 EDA 2022

    Trial court could admit prior public drunkenness conviction where defendant had asserted on direct examination that she had no prior convictions, as the conviction directly contradicted defendant's assertion of good character. Judgment of sentence affirmed.

  • Commonwealth v. Bankes

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 541 MDA 2022

    Challenge to multiple consecutive sentences constituting potential de facto life sentence denied where trial court imposed standard-range sentences and considered all relevant sentencing statutory factors before articulating reasons for the aggregate sentence imposed. Judgment of sentence affirmed.

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  • Commonwealth v. Gethers

    Publication Date: 2022-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 7289-2019

    The delay in bringing defendant to trial was not so harsh as to warrant dismissal where the circumstances were largely attributable to the global COVID-19 pandemic, a large backlog resulting from the court's shutdown, the prioritization of cases and defendant's release on bail and subsequent incarceration for first degree murder. The court denied defendant's motion to dismiss.

  • United States v. Hurd

    Publication Date: 2022-12-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1084

    The court affirmed the judgment of the district court denying appellant's motion for compassionate release.

  • Commonwealth v. Jaquez-Jaquez

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2048 EDA 2022

    The court affirmed the trial court's granting of a motion to suppress evidence seized during a vehicle search conducted during a routine traffic stop. Although the commonwealth argued that they did not extend the stop beyond the timeframe necessary, the court disagreed and was persuaded by the fact that the officer had initially told appellee he was free to go as his license and registration were valid. The court further disagreed that appellee's consent to search his vehicle was freely given, finding instead that a language-barrier a

  • Commonwealth v. Ralston

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Finley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-09-CR-0000178-2022

    As there was no opposition to defendant's participation in the Recidivism Risk Reduction Incentive Program, the court recommended that the case be remanded upon defendant's appeal for resentencing in accordance with the appropriate RRRI minimum upon demonstrated eligibility. The trial court sought remand for resentencing.

  • Commonwealth v. Forkey

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 791 OF 2021, C.R.

    The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.