Pretrial Motions

Commonwealth v. Stilo, 2016 PA Super 91

Posted in PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 17, 2016

  Stilo appealed the denial of his motion to suppress physical evidence. A narcotics officer received a complaint about drug activity at the house in question, and determined that the owner had been previously arrested for narcotics offenses. After setting up surveillance in the afternoon, he observed Stilo arrive, park, and enter the property’s basement…. read more

Commonwealth v. Slattery, 2016 PA Super 99

Posted in Admission of Evidence,PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 13, 2016

Slattery was convicted of driving with a suspended license and failing to signal. The arresting trooper pulled him over because he did not use a turn signal for at least 100 prior to changing lanes. Turns out you don’t have to do that. 75 Pa.C.S. §3343, dealing with signaling, does not have a requirement of… read more

Commonwealth v. Haslam, 2016 PA Super 97

Posted in Admission of Evidence,PA Superior Court Cases,Pretrial Motions,Search & Seizure,Suppression Motions on May 9, 2016

  Haslam was convicted of various charges for dealing drugs. His appeal challenged the lower court’s denial of his motion to suppress. Parole agents went to the home to speak with Haslam’s parolee father about neighborhood complaints concerning the property. The complaints were about traffic to the house and suspicion of guns and drugs inside…. read more

United States v. Vasquez-Algarin, No. 15-1941

Posted in Admission of Evidence,Pretrial Motions,Search & Seizure,Suppression Motions,Third Circuit Cases on May 2, 2016

Law enforcement were looking for a homicide suspect (not Vasquez-Algarin; there was no evidence of record that the suspect and Vasquez-Algarin were associated in any way). A Deputy US Marshal received some tips that the suspect was living at an address in Harrisburg. Law enforcement obtained an arrest warrant and went to the location. After… 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. 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. Konias, 2016 PA Super 68

Posted in Admission of Evidence,Pretrial Motions on March 18, 2016

The defendant was an armored car guard who killed his partner and ran off to Florida with $2.3 million. He claimed self-defense at trial but somehow lost. The defendant hired private counsel who subsequently filed two motions for court-funded experts for evidentiary and psychological analysis; the motions claimed that all available funds had been exhausted… 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