Search:
Weekly Caselaw Updates

Sign up here to receive a weekly email with summaries of every precedential case out of the Third Circuit and the appellate courts in Pennsylvania and New Jersey. No fluff. No filler. No fee.

Commonwealth v. Hayes

After the defendant was found guilty of DUI, the sentencing court refused to consider one of the defendant's prior DUIs from Maryland as a triggering offense for an enhanced sentence. The certified record in that case indicated that the defendant had pleaded not guilty and then was sentenced to "probation…

Commonwealth v. Hayes
Pennsylvania Superior Court

After the defendant was found guilty of DUI, the sentencing court refused to consider one of the defendant’s prior DUIs from Maryland as a triggering offense for an enhanced sentence. The certified record in that case indicated that the defendant had pleaded not guilty and then was sentenced to “probation before judgment.” The Pennsylvania Superior… Continue reading Commonwealth v. Hayes

State v. Scudieri
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the defendant’s sentence for DUI, holding that the newly-amended statute did not apply. The defendant committed the offense before the new law’s enactment but was sentenced afterward. He challenged his sentence, contending that the trial court committed error when it did not apply the new refusal statute, which was… Continue reading State v. Scudieri

Vellon v. Dep’t of Transp., Bureau of Driver Licensing
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court squeezed in two crucial holdings regarding driver’s license suspensions resulting from DUI convictions. Vellon was arrested for DUI and was accepted into ARD. But he violated the terms of ARD by picking up another DUI arrest. He was kicked out of ARD and subsequently pled to both charges. He was sentenced… Continue reading Vellon v. Dep’t of Transp., Bureau of Driver Licensing

Commonwealth v. Gill
Pennsylvania Superior Court

The Pennsylvania Superior Court reviewed an order denying the defendant’s first PCRA petition after being convicted of DUI and sentenced as a second-time offender. The first DUI was based on his acceptance into the ARD program. The Court held that its decision in Commonwealth v. Chichkin was a new constitutional procedural that applies to future… Continue reading Commonwealth v. Gill

Commonwealth v. Hand
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the denial of post-conviction relief for a defendant who made allegations of ineffective assistance of trial counsel. The case was a pre-Birchfield blood-draw DUI. The defendant claimed counsel was ineffective for failing to object when a police officer opined why there were exigent circumstances for a warrant. The Superior Court… Continue reading Commonwealth v. Hand

Commonwealth v. Vela-Garrett
Pennsylvania Superior Court

In Commonwealth v. Vela-Garrett, the Pennsylvania Superior Court addressed the defendant’s argument that his conviction for endangering the welfare of a child (EWOC) was not supported by sufficient evidence. The defendant was convicted of driving under the influence of marijuana under 75 Pa.C.S. § 3802(d)(1)(iii), a strict-liability offense, and EWOC after he was stopped for… Continue reading Commonwealth v. Vela-Garrett

Commonwealth v. Dirosa
Pennsylvania Superior Court

In Commonwealth v. Dirosa, the defendant challenged the sufficiency of the evidence for his DUI conviction, 75 Pa.C.S. § 3802(c). The defendant argued that the evidence did not establish he drove his car to a Wawa or that he was in actual physical control of the car while sitting in it at the Wawa parking… Continue reading Commonwealth v. Dirosa

Commonwealth v. Given
Pennsylvania Superior Court

The Pennsylvania Superior Court began the opinion in Commonwealth v. Given by letting the appellant know all the ways in which he waived his claims and filed a bad brief. But the Court sua sponte addressed a sentencing issue. The appellant was convicted of two counts of DUI, one count for having marijuana in his… Continue reading Commonwealth v. Given

Commonwealth v. Donoughe
Pennsylvania Superior Court

In Commonwealth v. Donoughe, the defendant was charged with DUI and accepted into the ARD program. Pursuant to a written policy, ninety days after the defendant was accepted into ARD, the Pennsylvania State Police destroyed the mobile recording video of the arrest. But the defendant got kicked out of ARD and proceeded to trial. He… Continue reading Commonwealth v. Donoughe

Commonwealth v. Clemens
Pennsylvania Superior Court

In Commonwealth v. Clemens, the Pennsylvania Superior Court was asked to decide whether the evidence was sufficient to sustain convictions for DUI-General Impairment and Resisting Arrest. Given the challenge to the sufficiency of the evidence, the opinion covered the facts in great detail. The Court held that, even though the officers never explicitly stated to… Continue reading Commonwealth v. Clemens