by Lea Bickerton | Mar 17, 2009 | Case Law Summaries, PCRA
Commonwealth v. William Mikell 2009 PA Super 44 (3/17/2009)Topic: PCRA – Waiver – Reinstatement of Right to a Direct AppealSummary: When an issue is waived on direct appeal, an appellant cannot later claim that he was denied the right to a direct...
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 | Mar 16, 2009 | Case Law Summaries, Search and Seizure, Suppression of Evidence
Commonwealth v. John Charles Lee, II 2009 PA Super 43 (3/13/2009)Topic: DUI – Suppression of Evidence – Exigent CircumstancesSummary: Where the police were investigating a report of property damage (an offense that is considered to be of low-gravity),...
by Lea Bickerton | Mar 11, 2009 | Case Law Summaries, Search and Seizure, Suppression of Evidence
Commonwealth v. Hakim Johnson 2009 PA Super 41 (3/11/2009)Topic: Suppression of Evidence – Exigency Exception to the Warrant RequirementSummary: Where a police officer is attempting to determine the identity of a crime victim who is not suspected of committing a...
by Lea Bickerton | Feb 28, 2009 | Case Law Summaries, Escape Charges, Parole
Commonwealth v. Desmond Scott 2009 PA Super 34 (2/25/2009)Topic: Escape Charges – Parole v. Pre-release StatusSummary: Where a defendant is under pre-release status, he is not on parole and can thus be charged with escape if he leaves detention without...
by Lea Bickerton | Feb 28, 2009 | Case Law Summaries, Probation
Commonwealth v. Eric Richard Johnson 2009 PA Super 36 (2/26/2009)Topic: Probation – Credit for Time ServedSummary: Where a defendant was sentenced for a probation violation, the Superior Court concluded that he was entitled to credit for time-served prior to his...
