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  • In the Interest of: M.W., a minor

    Publication Date: 2018-09-11
    Practice Area: Criminal Law | Evidence | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1076

    Motion to suppress evidence seized from vehicle glove compartment denied where police were statutorily authorized to seize vehicle and conduct inventory search for ownership documents after discovering mismatched license plate and VINs. Dispositional order affirmed.

  • Commonwealth v. Manuel

    Publication Date: 2018-09-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1049

    Evidence seized pursuant to search warrant suppressed when the warrant was obtained from information provided by confidential informant based on his alleged personal observations, where the CI's previous information had only led to one felony arrest and police failed to independently corroborate the CI's information. Judgment of sentence reversed.

  • Commonwealth v. Snyder

    Publication Date: 2018-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1003

    Defendant was entitled to the suppression of five blood draws taken from him during a two-month period as well as the toxicology results establishing his impaired driving where his consent to the blood draws was given under the implied intimidation or duress of more severe penalties if he refused consent. The court granted defendant's motions to suppress evidence.

  • Commonwealth v. Thomas

    Publication Date: 2018-08-21
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0969

    The trial court did not err in admitting evidence of defendant's time in prison with a key commonwealth witness, as this challenged evidence was relevant for the limited purposes of explaining the witness's recantation of his prior testimony and revealing defendant's consciousness of guilt. The appellate court affirmed defendant's judgment of sentence.

  • In Re: A.J.R.-H. et al

    Publication Date: 2018-08-07
    Practice Area: Evidence | Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0912

    The trial court erred in admitting into evidence, at a hearing a petition to terminate mother's parental rights, over 150 exhibits under the business records exception to the hearsay rule without any supporting testimony, and the appellate court erred in excusing the admission based on harmless error. The appellate court reversed and remanded.

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  • Carletti v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0868

    Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.

  • Commonwealth v. Hemingway

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0823

    The trial court properly found that defendant was subjected to an investigative detention and that his actions in speaking to a woman on a street in a high crime area with his hand in his pocket did not provide the required reasonable suspicion to support such a detention. The appellate court affirmed the trial court's suppression order.

  • Commonwelath v. Parrish

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0791

    Possession and firearms conviction was reversed where commonwealth failed to present sufficient evidence to demonstrate that defendant seated in vehicle's back seat had dominion and control over contraband found in the front seat. Judgment of sentence reversed.

  • Commonwealth v. Bond

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0782

    The trial court erred in admitting a video interview of the minor victim as a prior consistent statement under Pa.R.Evid. 613(c) because this case did not involve any statement that predated the victim's alleged motive to fabricate; however, the admission was harmless error given the cumulative nature of the evidence. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Katona

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0789

    Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.