by Lea Bickerton | Sep 19, 2009 | Appeal, Case Law Summaries
Commonwealth v. Israel Santiago J-34-2009 (8/25/2009)Topic: Motion to Withdraw – Anders BriefSummary: When filing an Anders Brief, counsel must include an explanation for why s/he believes that the issues the defendant wishes to raise on appeal are wholly...
by Lea Bickerton | May 29, 2009 | Appeal, Case Law Summaries
Commonwealth v. Steven Gravely J-190-2008 (5/27/2009)Topic: Criminal Appeals – Extension of time to file a Statement Pursuant to Pa.R.A.P. 1925(b)Summary: An appellant must request an extension of time to file a Concise Statement of Matters Complained of on...
by Lea Bickerton | May 17, 2009 | Appeal, Case Law Summaries
Commonwealth v. Michael Burton 2009 PA Super 87 (5/13/2009)Topic: Statement Pursuant to 1925(b) – Waiver – Late FilingSummary: The late filing of a 1925(b) statement is per se ineffectiveness. Therefore, the late filing of a 1925(b) statement will be...
by Lea Bickerton | Mar 17, 2009 | Appeal, Case Law Summaries, sentencing
Commonwealth v. Michael John Paul Macias 2009 PA Super 45 (3/17/2009)Topic: Sentencing – Abuse of Discretion – Impermissible Factors to ConsiderSummary: Where a sentencing court justifies its enhanced sentence (in part) by stating that the facts of the...
by Lea Bickerton | Oct 26, 2008 | Appeal, Case Law Summaries, Mandatory Sentence
Commonwealth v. Foster 2008 PA Super 252Topic: Mandatory Minimum SentencesSummary: A challenge alleging that a trial court erroneously applied a mandatory minimum sentence challenges the legality of the sentence, not the discretionary aspects of sentencing. Therefore,...
by Lea Bickerton | Oct 11, 2008 | Appeal, Case Law Summaries, sentencing
Commonwealth v. O’Malley 2008 PA Super 224 Topic: Sentencing Summary: If you negotiate a sentence, you can’t come back and challenge the discretionary aspects of sentencing. Click to access s36045_08.pdf Share this:Click to share on Facebook (Opens in new window)Click...