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…
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…