Tag: #PreliminaryHearing

Commonwealth v. Harris

The Pennsylvania Superior Court held that the trial court correctly applied McClelland II in holding there was insufficient evidence to establish a prima facie case as to each element at

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Commonwealth v. Merced

The Pennsylvania Superior Court reversed the trial court’s grant of habeas corpus relief because the lower court erroneously excluded the arresting officer’s hearsay evidence from the court’s scope of review.

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Commonwealth v. Fretts

With a substantial reliance on Commonwealth v. Sanders, the Pennsylvania Superior Court ruled that the Commonwealth failed to make out a prima facie case of homicide by vehicle in a well-publicized incident where a trash truck struck

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Commonwealth v. Wroten

The Pennsylvania Superior Court heard the Commonwealth’s appeal from the lower court’s order dismissing the prosecution at the preliminary hearing level for failure to establish the crimes. Initially, the Court

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Commonwealth v. Perez

In Commonwealth v. Perez, the Pennsylvania Supreme Court reviewed the sufficiency of the evidence at a preliminary hearing in a first-degree murder prosecution. The Commonwealth alleged that the defendant fatally

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Commonwealth v. Lambert

In Commonwealth v. Lambert, defense counsel filed a motion for a writ of habeas corpus after the defendant’s preliminary hearing. At the motion’s hearing, the Commonwealth did not present any

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Commonwealth v. Davis

In Commonwealth v. Davis, the Pennsylvania Superior Court reviewed the process by which prosecuting authorities can refile criminal charges pursuant to Pa.R.Crim.P. 544. In Davis, after a preliminary hearing, a

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Commonwealth v. McClelland

Bill Clinton made us all ask what the definition of “is” is. In Commonwealth v. McClelland, the Pennsylvania Supreme Court debated the meaning of “any,” overruled Commonwealth v. Ricker, and

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Commonwealth v. Montgomery

In Commonwealth v. Montgomery, the Pennsylvania Supreme Court held that an inquiry into whether or not a firearm is “concealed” under section 6016 of the Uniform Firearms Act is a

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