Sufficiency of Evidence and Probable Cause
Comm. v. Gorman, 2018 PA Super 73 (Mar. 28, 2018) This was an appeal out of Allegheny County. Gorman proceeded to a bench trial on three charges: theft by unlawful taking, receiving stolen…
Missteps, Translators, and Exigencies
Comm. v. Giles, 2018 PA Super 63 (Mar. 20, 2018) This was an appeal out of Allegheny County. Giles had been convicted by a jury of several sex offenses, prime among them being rape of a child. The…
A complex issue: Credit for time served.
In the past four days, the Pennsylvania Superior Court has issued two opinions that deal with the issue of how to award credit for time spent incarcerated before sentencing or resentencing. The one…
The Important Role of Defense Counsel
This appeal was an appeal out of Allegheny County. The issue in this case revolved around disparaging remarks made against defense counsel in a victim’s letter, which was sent to the sentencing…
Authenticating social media evidence
This appeal was a Commonwealth appeal out of Erie County. The opinion is a lengthy one, and it deals with an evidentiary issue of authentication of evidence. Specifically, the question at issue was…
Comm. v. Fitzpatrick, 2018 PA Super 55 (Mar. 14, 2018)
This appeal was an appeal out of Philadelphia. On August 14, 2015, a judgment of sentence had been entered against Fitzpatrick after a jury had convicted him of first-degree murder and third-degree…
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…