BriefLaw: Commonwealth v. Israel Santiago

Posted by on Sep 19, 2009 in Appeal, Case Law Summaries |

Commonwealth v. Israel Santiago J-34-2009 (8/25/2009) Topic: Motion to Withdraw – Anders Brief Summary: 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 frivolous. http://www.pacourts.us/OpPosting/Supreme/out/J-34-2009mo.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click...

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BriefLaw: Commonwealth v. Steven Gravely

Posted by on May 29, 2009 in 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 Appeal in writing within the 21 day time-limit imposed by Pa.R.A.P. 1925 or face waiver. http://www.pacourts.us/OpPosting/Supreme/out/J-190-2008mo.pdf Share this:Click to share on...

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BriefLaw: Commonwealth v. Michael Burton

Posted by on May 17, 2009 in Appeal, Case Law Summaries |

Commonwealth v. Michael Burton 2009 PA Super 87 (5/13/2009) Topic: Statement Pursuant to 1925(b) – Waiver – Late Filing Summary: The late filing of a 1925(b) statement is per se ineffectiveness. Therefore, the late filing of a 1925(b) statement will be treated the same as the failure to file a 1925(b) statement (The Court will not find waiver and will review the case on its merits)....

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BriefLaw: Commonwealth v. Michael John Paul Macias

Posted by on Mar 17, 2009 in 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 Consider Summary: Where a sentencing court justifies its enhanced sentence (in part) by stating that the facts of the case support a more serious offense, it has not abused its discretion. Illustration: Macias entered a guilty plea to third-degree murder. The sentencing court noted that,...

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BriefLaw: Commonwealth v. Foster

Posted by on Oct 26, 2008 in Appeal, Case Law Summaries, Mandatory Sentence |

Commonwealth v. Foster 2008 PA Super 252 Topic: Mandatory Minimum Sentences Summary: 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, a challenge to the application of an erroneously applied mandatory minimum sentence is “non-waivable.” http://www.pacourts.us/OpPosting/Superior/out/A04002_08.pdf...

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BriefLaw: Commonwealth v. O’Malley

Posted by on Oct 11, 2008 in 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. http://origin-www.aopc.org/OpPosting/Superior/out/s36045_08.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to email this to a friend (Opens in new...

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