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  • Commonwealth v. Dourlain

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1005 WDA 2023

    Trial court erred in finding Ohio's physical control of a vehicle while under the influence statute was substantially similar to Pennsylvania's DUI statute for purposes of grading a subsequent offense where Ohio's statute proscribed conduct not covered by Pennsylvania's DUI law. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Alceus

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 534 MDA 2023

    Trial counsel was ineffective in failing to call character witnesses in a he said/she said case where identity and credibility were central issues.

  • In the Interest of A.R.A.

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 EDM 2024

    Juvenile court properly considered petitioner's treatment, supervision and rehabilitative needs in sending him to a secure detention center after he was twice adjudicated delinquent. Affirmed.

  • Commonwealth v. Wheeler

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 624 WDA 2023

    Trial court lacked jurisdiction to hear challenge to DOC's calculation and application of credit for time served. Order of the trial court affirmed.

  • Commonwealth v. Demulter

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 237 WDA 2023

    Appellant appealed the trial court's judgment of sentence entered on her convictions, in separate actions, of terroristic threats, harassment and related crimes. The court affirmed, holding in pertinent part that Commonwealth presented sufficient evidence of appellant's mens rea to support her conviction for making a terroristic threat where appellant threatened to kill a victim a short time after the victim saw appellant physically attack another person.

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  • Commonwealth v. Stefanowicz

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1012 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his conviction of aggravated cruelty to an animal. The court affirmed, holding that the evidence was sufficient to convict appellant of one count of animal cruelty where he intentionally shot two dogs, only one of which had made physical contact with fenced deer that the dogs were violently harassing.

  • Commonwealth v. Prentiss

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 415 C.D. 2021

    Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.

  • Commonwealth v. Hatch

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 553 WDA 2023

    Commonwealth appealed the trial court's order granting appellee's petition for a writ of habeas corpus. The court reversed and remanded, holding that Commonwealth presented a prima facie case of aggravated assault against an enumerated person where an officer testified that appellee, after violently resisting the officer's opening of her screen door, struck the officer with her hand, knocking off his glasses and scratching his face.

  • Commonwealth v. Robinson

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CP-41-CR-0000231-2023

    The court urged affirmance of its order denying appellant Commonwealth's motion to consolidate three cases against appellee Robinson because the motion was untimely.

  • Commonwealth v. Rensel

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry: Non-Profit | Travel and Tourism
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 414 C.D. 2021

    Appellant appealed the trial court's orders convicting him of summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held in pertinent part that the trial court erred in finding a hunting guide guilty of violating Game Code section 2308(a)(7), prohibiting the use of a vehicle for hunting, where the guide drove a hunting party to a planned destination before they disembarked and hunted elk on foot from an adjacent field.