Little appealed the order denying his PCRA petition in which he alleged trial counsel was ineffective for failing to preserve an issue for direct appeal relating to a restriction on questioning of a defense witness. After the PCRA court denied a new trial on the ineffectiveness claim, Little appealed. A panel of the Superior Court … Read more
The 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 bloodstream, … Read more
In Commonwealth v. Reslink, the defendant appealed his sentence after he was convicted of molesting his nephew. The Superior Court held that the trial court did not err when, at sentencing, the court did not merge two counts of indecent assault. The Court found that one count was based on a course of conduct, while … Read more
In Commonwealth v. Knight, the Pennsylvania Supreme Court reviewed the defendant’s death sentence. The Court ruled that most of the defendant’s claims were waived. In addressing his claim that PA’s death penalty statute is unconstitutional, the Court chided the defendant for incorporating by reference in his brief a different brief authored by another attorney. The … Read more
In DiDonato v. Ski Shawnee, the estate of a deceased teenager sued a ski resort and the teen’s school after the teen died during tryouts for the school’s ski team. The Superior Court held that because the school defendants accepted judicial process and did not promptly raise the arbitration issue, the school defendants waived their claim … Read more
In Garwood v. Ameriprise Fin., the Superior Court held that the Garwoods waived their claims on appeal. Four of the claims were waived because they were not included in the 1925(b) Statement. The Court ruled that the Garwoods engaged in “appellate gamesmanship” by swapping their weight of the evidence issue, which they alleged in the … Read more
In Commonwealth v. Betts, the Superior Court set forth the proper procedure for criminal defendants who wish to allege that their attorneys rendered ineffective assistance of counsel during PCRA proceedings in the Courts of Common Pleas. Defendants are obliged to raise their claims in response to the lower courts’ notice of intent to dismiss pursuant … Read more
In United States v. Jabateh, the 3rd Circuit affirmed the defendant’s convictions for immigration fraud and perjury. While the 3rd Circuit agreed with the defendant that the government did not charge him with fraud in his immigration documents, only with orally lying about those documents, his failure to raise this argument at trial significantly altered the scope of review, … Read more
In Satiro v. Maninno, the Superior Court found the pro se appellant’s claim waived as a result of filing a 29-issue statement of matters complained of on appeal that made it impossible for the trial court to give a comprehensive analysis of the issues.
In Commonwealth v. Wolfel, which was an interlocutory appeal, the Pennsylvania Supreme Court reversed the Superior Court and ruled, by failing to challenge the suppression court’s explicit invocation of that provision before the Superior Court, the Commonwealth waived its challenge to the defendant’s failure to raise a claim under Article I, Section 8.