DELIBERATE HOMICIDE: Convictions affirmed over challenge to admission of statements to officers… Wilson affirmed. [Read more…]
SIWC, mandatory parole ineligibility
SIWC: Failure of Court and parties to recognize that 2019 amendment increasing mandatory parole ineligibility from 10 to 25 years was not yet in effect during charged conduct requires reversal under sua sponte plain error review… Davies reversed (memorandum). [Read more…]
Incest, hearsay in SANE report, jury deliberations view
INCEST: Conviction affirmed despite erroneous but harmless admission of daughter’s hearsay statements in SANE Report and allowing jury to view the report during deliberations… Kutzman. [Read more…]
Sexual assault of children by uncle, “dirty feeling”
SEXUAL ASSAULT of children by uncle affirmed with jury entitled to draw inferences from same “dirty feeling” accuser felt during 2 incidents that contact with her vagina was knowing contact with “same spot” in 3rd incident… convictions affirmed… Harada affirmed. [Read more…]
PFMA strangulation, prior domestic abuse/control
PFMA STRANGULATION: Conviction affirmed over challenge to admission of prior domestic abuse and control… conviction affirmed… Abbott affirmed. [Read more…]
Revocation, probationary period illegally extended
REVOCATION: Sentence illegally extended by including probationary period of custodial sentence… Berger reversed. [Read more…]
Revocation, one District Judge overturning another
REVOCATION: Dismissal of petition to revoke suspended sentence and striking order of Halligan which had revoked conditional discharge from supervision reversed… Larson reversed. [Read more…]
Theft, 5 years suspended where max was 3 years
THEFT: 5-years suspended where the maximum was 3 years was an illegal sentence… Seeley reversed (memorandum). [Read more…]
Drugs, circumstantial evidence of possession
DRUGS: Sufficient circumstantial evidenced of possession of meth to support bench-trial conviction… Berger affirmed (memorandum). [Read more…]
Theft, hearsay texts improperly admitted as to value
THEFT: Hearsay text messages improperly admitted to prove value of property taken from storage unit, conviction of theft of property valued at over $1,500 but less than $5,000 reversed, remanded for new trial… Best reversed. [Read more…]