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  • Commonwealth v. Morrison

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1679

    Neither of the issues defendant raised on appeal challenging his sentence had merit and appointed counsel failed to follow the proper procedure, as set forth in Anders v. California, by including the frivolous issues in defendants brief on appeal. The court affirmed defendants judgment of sentence.

  • Commonwealth v. N.M.C.

    Publication Date: 2017-11-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    Addressing an issue of first impression, the court found that defendants videotaping of a fight between two fellow middle school students and dissemination of that video to two other students did not create a hazardous or physically offensive condition within the meaning of the disorderly conduct statute at 18 Pa.C.S. §5503. The appellate court vacated 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.

  • Commonwealth v. McClure

    Publication Date: 2017-11-14
    Practice Area: Discovery | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1023

    The trial court did not err in denying a retired judges motion to quash a subpoena seeking his testimony and records regarding alleged ex parte communications with prosecuting attorneys during defendants trial since the judicial deliberative process privilege did not extend to alleged ex parte communications which may have tainted defendants trial. The court affirmed in part, reversed in part and remanded.

  • Commonwealth v. Kurtz

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1024

    The court declined to adopt a good faith exception to the exclusionary rule applicable to blood draw evidence after the U.S. Supreme Courts decision in Birchfield v. North Dakota, as such an exception would frustrate the privacy guarantees of the Article 1, §8 of the Pennsylvania Constitution. The court affirmed an order granting defendants motion to suppress blood draw evidence.

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    Infobeans cogito test

    Authors: Stephen Fishman

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  • M.J.S. v. B.B.

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1669

    Trial court erred in granting primary physical custody to childs grandmother because its best interest analysis was contrary to precedent, failed to apply the presumption in favor of father in 5327(b) and improperly imposed the burden of proof on father. Reversed.

  • Commonwealth v. Miller

    Publication Date: 2017-11-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1660

    Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.

  • Commonwealth v. Diggs

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ranson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1654

    The court of common pleas, sitting as an appellate court, could not properly determine whether it could exercise jurisdiction over defendants appeal from the denial of a motion to dismiss on double jeopardy grounds where the lower court did not comply with Pa.R.Crim.P. Rule 587(b) by entering its findings of fact, conclusions of law and findings as to frivolousness.

  • Commonwealth v. Leonard

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1659

    Defendant subject to less than lifetime registration under SORNA where all of defendants sex offenses arose out of the same criminal episode, as SORNA required a conviction and then a subsequent act to trigger lifetime registration. Judgment of sentence vacated in part, case remanded for resentencing.

  • Commonwealth v. Becker

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1657

    The trial court did not abuse its discretion in denying defendant parole out of concern for her unborn child given the substantial evidence of defendants heroin use while pregnant and her failure to seek treatment while previously out on probation. The appellate court affirmed a trial court order denying defendants petition for parole.