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  • Commonwealth v. Stahl

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1767

    Motion for judgment of acquittal in rape trial properly denied where victim testified to being severely intoxicated and passing out during the sexual encounter at issue, which was sufficient to demonstrate the victims lack of consent. Order of the trial court affirmed.

  • Commonwealth v. Grey

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1723

    The court denied a motion to exclude admission of cellular telephone evidence where the courts order was based on an affidavit that was not misleading and which provided sufficiently accurate information to allow the court to issue the order.

  • Commonwealth v. Rodriguez

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1761

    The trial court properly left it for the jury to assess the credibility of two witnesses who testified against defendant, though one witness changed his story and both witnesses sought leniency from the government, as it was for the jury to assess the credibility of the witnesses and consider their motives to lie. The court affirmed defendants judgment of sentence.

  • In re Risperdal Litig.

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1750

    Trial court erred in permitting fact witness to offer opinion without determining whether witness qualified as expert, where testimony offered sole alternative explanation for plaintiffs injury. Judgment reversed, case remanded.

  • Commonwealth v. Maguire

    Publication Date: 2017-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1109

    The trial court erred in suppressing evidence of defendants consumption of alcohol since the Tarbert/Blouse guidelines did not apply to the warrantless inspection of defendants commercial vehicle, which inspection satisfied the requirements of New York v. Burger. The court reversed an order granting defendants motion to suppress.

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  • Commonwealth v. Wilt

    Publication Date: 2017-11-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1641

    The court denied a criminal defendants motion to suppress the results of a blood test, because defendants consent was voluntary even though the form he signed had the criminal penalties blacked out.

  • 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.

  • 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.

  • Commonwealth v. Lonon

    Publication Date: 2017-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1495

    Defendant had no reasonable expectation of privacy in the data on the cell phone he abandoned in his haste to avoid state troopers following several motor violations, and the troopers were justified in the warrantless search of the specific phone given that they were attempting to pursue a fleeing suspect. The court denied defendants motion to suppress evidence.

  • 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.