Commonwealth v. Shreffler

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

Always Busy Consulting, LLC v. Babford & Co., Inc.

In Always Busy Consulting, LLC v. Babford & Co., Inc., the Pennsylvania Supreme Court considered whether a notice of appeal filed at a single docket number corresponding to the lead case of multiple consolidated civil cases should be quashed. Relying on Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018), the Superior Court quashed the appeal. … Read more

Commonwealth v. Shaw

In Commonwealth v. Shaw, the Pennsylvania Supreme Court dealt with the time and manner in which a defendant can raise a claim of ineffective assistance of counsel during post-conviction proceedings pursuant to the Post Conviction Relief Act. Here, after post-conviction relief was denied, PCRA counsel filed a notice of appeal but failed to include in … Read more

Commonwealth v. Wentzel

In Commonwealth v. Wentzel, the defendant appealed after a jury found him guilty of resisting arrest. The Pennsylvania Superior Court affirmed. First, the Court discussed the propriety of the appeal. The Court noted the general rule that in cases where the trial court amends the judgment of sentence during the period it maintains jurisdiction, the … Read more

In re Adoption of A.H.

In re adoption of A.H. involved Mother’s appeal of the Orphans’ Court decree terminating her rights to her 11-year-old  son pursuant to the Adoption Act. The Pennsylvania Superior Court affirmed, concluding that the record supported the Orphans’ Court’s decision that Mother was incapable of parenting, under 23 Pa.C.S. § 2511(a)(2). To the extent that Mother … Read more

Commonwealth v. Little

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 Pennsylvania Superior … Read more

Commonwealth v. Given

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 … Read more

Commonwealth v. Reslink

In Commonwealth v. Reslink, the defendant appealed his sentence after he was convicted of molesting his nephew. The Pennsylvania 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, … Read more

Commonwealth v. Knight

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

DiDonato v. Ski Shawnee

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