Comm. v. McCarthy, 2018 PA Super 22 (Feb. 6, 2018)
This was an appeal out of York County. McCarthy had been charged with theft-related offenses stemming from allegations that he misappropriated $90,000 from his mother suffering from dementia. He was…
Comm. v. Root, 2018 PA Super 23 (Feb. 6, 2018)
This was an appeal out of Crawford County. The appeal resulted from the lower court denying a Post Conviction Relief Act (PCRA) petition. The Superior Court reversed the lower court, finding that…
Comm. v. Presher, 2018 PA Super 19 (Feb. 2, 2018)
This was an appeal out of Greene County. The case is rather straightforward. Presher had been charged with theft and receiving stolen property by way of a criminal complaint. He was issued a…
Comm. v. Thomas, 2018 PA Super 18 (Feb. 1, 2018)
This was a Commonwealth appeal out of Philadelphia. The trial court had suppressed evidence (a gun) recovered from Thomas, which hindered the Commonwealth’s prosecution. The relevant facts were…
The Collective-Knowledge Doctrine
This was a discretionary appeal to the Pa. Supreme Court. The issue at hand in this case concerns what is called the “collective-knowledge doctrine,” or what is otherwise known as the…
Comm. v. Wright, 2018 PA Super 13 (Jan. 26, 2018)
This is an appeal out of Delaware County. It involves a DUI charge from 1990 and the application of Rule 600. (Rule 600 is a Rule of Criminal Procedure that provides a remedy for a speedy-trial…
Comm. v. McClellan, 2018 PA Super 14 (Jan. 26, 2018)
This was an appeal out of Montgomery County. McClellan was a parolee, and he was swept up in a “sweep of local bars” by his parole officer. The parole officer spotted McClellan exiting a bar at…
Comm. v. Raglin, 2018 PA Super 12 (Jan. 23, 2018)
This was an appeal out of Allegheny County. The issue presented to the Superior Court concerned the use of “Shot Spotter” technology and its factoring into an analysis of whether there is reasonable…
Comm. v. Edwards, 2018 PA Super 9 (Jan. 19, 2018)
This was an appeal out of Philadelphia County addressing a Batson challenge. (The term Batson challenge comes from the U.S. Supreme Court case of Batson v. Kentucky, 476 U.S. 79 (1986), which held…
Comm. v. Motley, 2018 PA Super 8 (Jan. 19, 2018)
This was an appeal out of Philadelphia County, and the lead up to the appeal was this. Antoine Motley had been given a sentence of 15 to 30 years imprisonment followed by 10 years of probation on…