Statutory Interpretation

Commonwealth v. Brown, 2016 PA Super 98

Posted in Admission of Evidence,Constitutional Challenges,PA Superior Court Cases,Statutory Interpretation on May 10, 2016

  Brown and the decedent had a dispute (seemingly over the throwing of a tissue) at a tattoo party. Brown pulled a gun on a third party, whom the decedent claimed Brown would not shoot. Brown did not; he instead shot the decedent. The Superior Court held that an autopsy report, prepared as a result… read more

Commonwealth v. Evans, 2016 PA Super 90

Posted in Admission of Evidence,PA Superior Court Cases,Post-Sentence Motions,Sex Offenses,Sexual Offender Assessment,Statutory Interpretation on April 26, 2016

  Evans was a registered sex offender as the result of a previous case. He entered a negotiated guilty plea to various charges based on illegal sexual contact with a minor and was sentenced to twelve and one-half to twenty-five years’ incarceration. Before sentencing, he was ordered to undergo a SOAB assessment. The SOAB did… 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. B.H., 2016 PA Super 86

Posted in Juvenile Cases,PA Superior Court Cases,Statutory Interpretation on April 14, 2016

B.H. was adjudicated delinquent for sexual assault and rape. Originally, he agreed to admit to the charge of sexual assault and be adjudicated; part of the agreement was that there would be a finding of fact without adjudication on the rape charge. If he did not comply with terms of the imposed programs, he might… read more

Commonwealth v. Chapman, No. 682 CAP

Posted in Admission of Evidence,Death Penalty,Statutory Interpretation on March 29, 2016

  The Supreme Court reversed the appellant’s death sentence in this case. As a statutory aggravator, the Commonwealth submitted the appellant’s prior convictions for aggravated assault in New Jersey. NJ does not differentiate between misdemeanors and felonies; instead, they have “degrees” of crimes. The appellant’s convictions were of the fourth degree, which is the lowest,… 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. Kelley, 2016 PA Super 64

Posted in Ineffective Assistance of Counsel,PCRA,Statutory Interpretation on March 15, 2016

This was an appeal from the denial of PCRA relief. The appellant, who was on state parole, gave his son counterfeit currency. It was of such poor quality that it didn’t fool the carnival workers who were supposed to unknowingly make change from it. The appellant pled guilty to various charges in exchange for a… read more