It’s hard to get post-conviction relief.
Appeals from the denial of post-conviction relief (or PCRA petitions) consume a majority of the Superior Court’s docket. The disposition of the majority of these appeals generally are unfavorable to…
False ID Law Requirements
This appeal was heard en banc and arose out of Philadelphia. The appeal focuses on the interpretation of the law defining “false identification to law enforcement,” 18 Pa.C.S. § 4914. That law…
The Benefit of Deferring Probation Revocation Hearings
This was an appeal out of Adams County. On appeal, Moriarty asserted that his attorney rendered ineffective assistance because of the advice he provided pertaining to a probation-revocation hearing.…
When Are You An "Inmate"?
This was an appeal out of Warren County. The facts are pretty straightforward. Cornelius was arrested on a parole violation at his apartment. At the time he was wearing shorts with a baggie of…
Overdose Self-Reporters:Immune From Prosecution
This was an appeal out of Dauphin County. The sole issue on appeal was over the interpretation of the Drug Overdose Response Immunity statute, 35 P.S. § 780-113.7. That statute provides immunity…
Comm. v. Kehr, 2018 PA Super 44 (Feb. 28, 2018)
This was an appeal out of York County. The Superior Court considered if a change in the law, after a defendant pleads guilty and is sentenced, permits for the defendant to withdraw their plea. In…
Comm. v. Crosley, 2018 PA Super 43 (Feb. 28, 2018)
This was an appeal out of Delaware County. Following a bench trial, the trial court convicted Crosley of third-degree murder, in addition to firearms offenses, and sentenced him to 10 to 25 years…
Police want to search your phone? Get a warrant!
This was a discretionary appeal to the Pa. Supreme Court. The issue before the Court concerned the warrantless search of a cellphone and whether such a search was harmless in this case. The…
The Power of a Single Witness
This was an appeal out of York County. Johnson proceeded to a bench trial on robbery and conspiracy charges, and the judge convicted him of these crimes based on the uncorroborated account of the…
Guilty Pleas and Appeals
This was a 6-3 decision out of the United States Supreme Court. The issue, at first glance, is seemingly straightforward, but upon reading the dissent, it is clear that the issue is a lot more…