Commonwealth Appeals

Commonwealth v. Rapak, 2016 PA Super 94

Posted in Commonwealth Appeals,PA Superior Court Cases,Search & Seizure,Suppression Motions on April 28, 2016

  This was a Commonwealth appeal of an order suppressing evidence. The trial court held that the four corners of warrant at issue did not establish probable cause. The Superior Court reversed. The affidavit contained sufficient allegations to support a finding of probable cause: specifically, marijuana plants were located in a difficult to access location… read more

Commonwealth v. L.P., 2016 PA Super 89

Posted in Commonwealth Appeals,Juvenile Cases,PA Superior Court Cases,Pretrial Motions,Statutory Interpretation on April 14, 2016

  This was a Commonwealth appeal from a pretrial order granting decertification in a direct-file case. The fifteen-year-old juvenile felt disrespected at a dance. After leaving, he sought out a friend; they returned and opened fire. No one was killed, but shotgun pellets did strike and injure some people. At the decertification hearing, an expert… read more

Commonwealth v. Sodomsky, 2016 PA Super 84

Posted in Commonwealth Appeals,En Banc Appeals,Search & Seizure,Suppression Motions on April 12, 2016

The trial court in three separate instances granted Sodomsky’s motion to suppress child pornography found on his computer by a Circuit City technician and police. The technician found one file and called police, who came to the store and watched the technician play the video. Based on the plain sight exception to the warrant requirement,… read more

Commonwealth v. Romero & Castro, 2016 PA Super 87

Posted in Commonwealth Appeals,Search & Seizure,Suppression Motions on April 11, 2016

This was a Commonwealth appeal of an order granting suppression. Appellees were married and shared a home. Husband’s brother absconded from a halfway house. Parole agents determined that his most likely residence was Appellants’ home. After obtaining an arrest warrant, a fugitive team went to Appellees’ home, stated who they were looking for, and were… read more

Commonwealth v. Finley, 2016 PA Super 78

Posted in Commonwealth Appeals,Sentencing Claims on April 5, 2016

Finley pleaded guilty to various charges after fleeing police, and was sentenced to an aggregate term of 13 – 20 months’ incarceration followed by two years’ probation (a sentence that sounds odd enough, but was composed of 10-20 months on the misdemeanors plus a consecutive flat 90-day sentence on a summary offense). The trial court… read more

Commonwealth v. Lees, 2016 PA Super 73

Posted in Commonwealth Appeals,DUI,Pretrial Motions,Statutory Interpretation on March 24, 2016

This was a Commonwealth appeal of a pretrial habeas order in Montour County. The Superior Court found that the Commonwealth had established a prima facie case of DUI, reckless driving, and careless driving where the defendant — testing revealed a 0.189% BAC — had driven her car over the partial curb in front of a… read more

Commonwealth v. Woodward, Reed, and Cambric, 2016 PA Super 65

Posted in Commonwealth Appeals,Joinder,Pretrial Motions on March 15, 2016

The Superior Court quashed the Commonwealth’s appeal of a Cambria County trial court’s order denying its motion under Pa.R.Crim.P. 582(A)(2) to consolidate trials of defendants charged in separate informations or indictments. The trial court relied on Pa.R.Crim.P. 583 in denying the motion and specifically found that the defendants might be prejudiced if tried together. Pa.R.A.P…. read more