In Commonwealth v. Shreffler, the Pennsylvania Superior Court found all of the appellant’s claims were waived. First, the Court held that the appellant failed to preserve one issue for review by not including it in his statement of matters complained of on appeal. Then, the Court held that his failure to assure that the pre-sentence … Read more
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 … Read more
In Commonwealth v. Elliot, the defendant filed a PCRA petition requesting the lower court vacate his Sexually Violent Predator (SVP) designation. The court dismissed his petition as untimely. On appeal, the Pennsylvania Superior Court held that, though the lower court erred in construing the defendant’s challenge to his registration, notification, and counseling (RNC) requirements as … Read more
In United States v. Yusuf, an opinion consisting of consolidated appeals, the government challenged the sentences of two defendants imposed after guilty pleas. As part of their plea agreements, they each agreed not to argue for a sentence outside the range recommended by the Guidelines. On appeal, the government argued that both defendants breached their … Read more
In Commonwealth v. Wiggins, the Pennsylvania Superior Court rejected the defendant’s claim that he received ineffective assistance because trial counsel did not file a motion to dismiss pursuant to Rule 600. The defendant sought relief under the Post Conviction Relief Act (“PCRA”), See 42 Pa.C.S.A. §§ 9541-9546, claiming that trial counsel should have filed a … Read more
In State v. Lopez-Carerra, the New Jersey Supreme Court granted leave to appeal from the Appellate Division’s ruling in State v. Molchor, 464 N.J. Super. 274 (App. Div. 2020). In Molchor, the Appellate Division held that the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26, does not permit a judge presiding over a detention hearing from ordering … Read more
In Commonwealth v. Rivera, the defendant appealed his convictions of a host of sex offenses. The Pennsylvania Superior Court affirmed in part, vacated in part, and remanded. First, the Superior Court found that the Supreme Court did not intend to extend the holding of Commonwealth v. McClelland, 233 A.3d 717 (Pa. 2020) (the Commonwealth may not establish … Read more
In Commonwealth v. Tillery, the Pennsylvania Superior Court reviewed an order from the Court of Common Pleas granting the defendant’s motion to suppress. Police officers pulled the defendant over for violating 75 Pa.C.S.A. § 3334(a), which requires motorists to use turn signals when changing lanes. The Commonwealth alleged that the defendant violated that provision by … Read more
In Commonwealth v. Mason, the Pennsylvania Supreme Court considered whether the Commonwealth was permitted to introduce audio recordings captured by a “nanny cam” that was surreptitiously installed in a child’s bedroom. The Court held that the Wiretapping and Electronic Surveillance Act, 18 Pa.C.S. §§ 5701-5782, does not prohibit such a recording from being used at … Read more
In Commonwealth v. Johnson, the Pennsylvania Supreme Court issued an important decision concerning compulsory joinder. In June of 2015, as a result of a traffic stop, Appellant was arrested and charged with driving with a suspended license, PWID, and K&I. Before the Traffic Division of the Municipal Court of Philadelphia, he was found guilty, in … Read more