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  • Commonwealth v. DeSciscio

    Publication Date: 2017-10-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1482

    Defendant waived the right to challenge his consent to a blood test that led to charges of driving under the influence by failing to file his motion to suppress in a timely fashion in the wake of the U.S. Supreme Courts decision Birchfield v. North Dakota. The court denied defendants motion to suppress without holding a hearing.

  • Commonwealth v. Jacoby

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1557

    Residential search warrant lacked probable cause where it was unsupported by tailored, individualized facts regarding the subject of the search indicating that evidence relating to the crime would be found at the residence, but such error was harmless where other evidence overwhelmingly established guilt.

  • Commonwealth v. Washington

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Presiding Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1512

    The trial courts rulings in a criminal case regarding eyewitness identification, demonstrative evidence and expert testimony were not in error, and defendant was not entitled to relief from the sentence imposed.

  • Commonwealth v. Powell

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1558

    Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.

  • Commonwealth v. Rose

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1559

    Detective erroneously permitted to testify as to meaning of street language where not a participant in the conversation, or qualified as an expert.

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  • Commonwealth v. Machicote

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1556

    Trial court did not err in sentencing juvenile defendant to a life sentence while also imposing a minimum term-of-years sentence, because it would grant the juvenile the possibility of parole following completion of the minimum sentence.

  • Commonwealth v. Duck

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1549

    The court found the evidence sufficient to establish that the victim suffered bodily injury as defined by the simple assault statute in an altercation with defendant.

  • Commonwealth v. Izurieta

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1555

    Testimonial evidence of sexual penetration of a victim under 16 years old sufficient to support conviction for indecent assault. Judgment of sentence affirmed.

  • Commonwealth v. Heaster

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Chief Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1534

    Defendant waived his claim that the trial court abused its discretion in failing to apply the use, as opposed to the possession, of a deadly weapon sentencing enhancement in violation of the parties plea agreement by failing to present it in a post-sentence motion or lodge any objection during his sentencing hearing. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Wise

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1543

    Trial court properly found appellant guilty of fleeing or attempting to elude a police officer when she drove off after officer told her to pull over because appellants argument that a pursing police officer applied to both fleeing and attempting to elude lacked merit since the statute was clear and unambiguous. Affirmed.