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  • Commonwealth v. Robinson

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1502

    Defendants petition for post-conviction relief was not timely, and he was not entitled to retroactive relief based on subsequent case law because defendant had not preserved the issue through direct appeal.

  • Commonwealth v. Tavarez

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1706

    Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Peralta

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1707

    Trial court did not have discretion to entertain defendants assertion of involuntariness in failure to appear at de novo appeal from conviction in Philadelphia Municipal Court, and did not abuse discretion in affirming judgment of sentence. Judgment of sentence affirmed.

  • Commonwealth v. Bailey

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1630

    A criminal defendant claimed she had ineffective assistance of counsel and that her guilty plea was not made voluntarily, intelligently or knowingly. The court held that defendants claim merited a hearing to determine whether there was a sufficient factual basis to establish her guilt and whether counsel was ineffective.

  • Commonwealth v. Rotola

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1703

    Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.

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  • Commonwealth v. Rodriguez

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1682

    Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.

  • In the Interest of BNK

    Publication Date: 2017-11-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1634

    The court suppressed evidence obtained from a traffic stop where the scope of evidence seized unconstitutionally exceeded the reason for the stop.

  • In the Interest of JSZ

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1635

    Absent specific allegations that a juvenile driver was engaged in a criminal activity, the fact that the juveniles passenger allegedly harassed another person was an insufficient basis for an investigatory stop, so the court granted the juveniles motion to suppress.

  • Commonwealth v. Jones

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1676

    While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Parker

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1681

    Criminal defendant could not file an interlocutory appeal from the trial courts denial of his motion for production of the complainants medical records, where denial of immediate review would not prejudice defendants ability to seek review of the denial on direct appeal following any conviction. Order of the trial court affirmed.