Wednesday, February 27, 2008

Superior Court 2/27/2008 - IN RE: R.C.

IN RE: R.C. APPEAL OF: T.B., Natural Father
No. 1442 WDA 2007 2008 PA Super 25 Atlantic: n/a Filed: 2/27/2008
Appeal from the Order entered in the Court of Common Pleas of Allegheny County, Civil Division, No(s): 132-06
Before: PANELLA, SHOGAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
This is an appeal by father, T.B., challenging the May 30, 2007, Order which found aggravated circumstances existed as to him as a result of his failure to maintain substantial and continuing contact with his minor child, R.C., DOB March 10, 2005. The Order also stated that no further efforts would be made to reunite father and child. At the time these proceedings were initiated and the court’s May 30, 2007, Order was entered, father was incarcerated and awaiting trial on the January 13, 2006, murder of R.C.’s mother. On October 10, 2007, appellant was found guilty of first degree murder, and on January 7, 2008, he was sentenced to life imprisonment without parole. The procedural history of this case, as reflected in the record, follows.

Tuesday, February 26, 2008

Superior Court 2/26/2008 - COMMONWEALTH OF PENNSYLVANIA v. CANDICE GEIGER

COMMONWEALTH OF PENNSYLVANIA v. CANDICE GEIGER
No. 3499 EDA 2005 2008 PA Super 23 Atlantic: n/a Filed: 2/26/2008
Appeal from the Judgment of Sentence November 10, 2005 In the Court of Common Pleas of Philadelphia County, Criminal Division at Nos. 0311-0142 2/3, 0311-0143 2/2, 0311-0144 2/2, 0311-0145 2/2
Before: KLEIN, BENDER and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Candice Geiger appeals the judgment of sentence for third degree murder and criminal conspiracy on grounds that the evidence was insufficient to sustain the verdicts; and her constitutional right of confrontation was denied when the trial court permitted child witnesses to testify by way of videotape. We affirm.

Superior Court 2/26/2008 - IN RE: INVOLUNTARY TERMINATION OF PARENTAL RIGHTS TO E.A.P., A MINOR

IN RE: INVOLUNTARY TERMINATION OF PARENTAL RIGHTS TO E.A.P., A MINOR APPEAL OF: D.P., BIOLOGICAL MOTHER
No. 2119 EDA 2007 2008 PA Super 24 Atlantic: n/a Filed: 2/26/2008
Appeal from the Order entered June 15, 2007 In the Court of Common Pleas of Lehigh County, Orphans’ Court, No. A2006-0127
Before: KLEIN, BENDER and POPOVICH, JJ.
Opinion by: KLEIN, J.
D.P. (Mother) appeals from the order entered in the Court of Common Pleas of Lehigh County terminating her parental rights to her daughter, E.A.P., born September 6, 1997. Mother raises two issues: (1) whether the trial court erred in determining that Lehigh County Office of Children and Youth Services (LCCYS) met its burden of proving by clear and convincing evidence that the statutory standards in 23 Pa.C.S.A. § 2511(a)(1) and (a)(2) had been met; and (2) whether the court erred in determining that LCCYS met its burden of proving by clear and convincing evidence that termination best meets the needs and welfare of the child as required by 23 Pa.C.S.A. § 2511(b).

Thursday, February 21, 2008

Superior Court 2/21/2008 - IN THE MATTER OF: S.B., A MINOR

IN THE MATTER OF: S.B., A MINOR APPEAL OF: M.O. AND A.B., NATURAL PARENTS
No. 692 MDA 2007 2008 PA Super 21 Atlantic: n/a Filed: 2/21/2008
Appeal from the Order entered March 21, 2007 In the Court of Common Pleas of Cumberland County Criminal, No. CP-21-JV-0030114-2003
Before: LALLY-GREEN, GANTMAN, JJ., AND MCEWEN, P.J.E.
Opinion by: GANTMAN, J.
Appellants, M.O. (“Mother”) and A.B. (“Father”) appeal from the order entered in the Cumberland County Court of Common Pleas, changing their family goal from “return home” to adoption with respect to their minor child S.B. (DOB 8/27/99). Upon a thorough review of the record and the applicable law, we affirm.

Superior Court 2/21/2008 - COMMONWEALTH OF PENNSYLVANIA v. BLAINE ALLEN HILLIAR

COMMONWEALTH OF PENNSYLVANIA v. BLAINE ALLEN HILLIAR
No. 218 MDA 2007 2008 PA Super 22 Atlantic: n/a Filed: 2/21/2008
Appeal from the Judgment of Sentence January 5, 2007 In the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0005838-2006
Before: STEVENS, ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Blaine Allen Hilliar (Appellant) appeals from the judgment of sentence entered following his conviction for Driving Under the Influence. Appellant raises several allegations of error, all of which we conclude lack merit. Accordingly, we affirm.

Wednesday, February 20, 2008

Superior Court 2/7/2008 - COMMONWEALTH OF PENNSYLVANIA vs. IMEEN WATSON

COMMONWEALTH OF PENNSYLVANIA vs. IMEEN WATSON
No. 2235 EDA 2006 2008 PA Super 17 Atlantic: n/a Petition for Reargument Filed 2/20/2008 Filed: 2/7/2008
Appeal from the Judgment of Sentence July 18, 2006 In the Court of Common Pleas of Philadelphia County Criminal, No. CP#0504-0375
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Imeen Watson, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his jury trial conviction for criminal conspiracy. We affirm Appellant’s conviction but vacate the judgment of sentence and remand for resentencing.

Tuesday, February 19, 2008

Superior Court 2/19/2008 - COMMONWEALTH OF PENNSYLVANIA v. JAMEY S. HENRY

COMMONWEALTH OF PENNSYLVANIA v. JAMEY S. HENRY
No. 1449 WDA 2007 2008 PA Super 20 Atlantic: n/a Filed: 2/19/2008
Appeal from the Order entered in the Court of Common Pleas of Westmoreland County, Criminal Division, No(s): CP-65-CR-0005210-2006
Before: PANELLA, SHOGAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
The Commonwealth appeals as of right from the August 1, 2007, Order granting Jamey S. Henry’s omnibus pre-trial suppression motion

Friday, February 15, 2008

Superior Court 2/15/2008 - COMMONWEALTH OF PENNSYLVANIA v. JOHN MCCURDY

COMMONWEALTH OF PENNSYLVANIA v. JOHN MCCURDYNo. 2359 WDA 2006 2008 PA Super 19 Atlantic: n/a Filed: 2/15/2008
Appeal from the Judgment of Sentence of November 17, 2006, in the Court of Common Pleas of Lawrence County, Criminal Division, at No. 536 of 2006, C.R.
Before: LALLY-GREEN, BOWES AND POPOVICH, JJ.
Opinion by: BOWES, J.
On appeal, John McCurdy questions the sufficiency of the evidence supporting his convictions of corrupt organizations and conspiracy to commit corrupt organizations, claiming that there was no proof that his criminal actions benefited an enterprise with which he was connected. Appellant posits that the evidence indicated that he was a lone operator in his drug selling activities. We affirm.

Wednesday, February 13, 2008

Superior Court 2/13/2007 - EDWARD BELL AND DEBORAH BELL vs. ANDREA KATER

EDWARD BELL AND DEBORAH BELL vs. ANDREA KATER
No. 3253 EDA 2005 2008 PA Super 18 Atlantic: n/a Filed: 2/13/2008
Appeal from the Order entered November 7, 2005 In the Court of Common Pleas of Philadelphia County Civil, December Term, 2000, No. 2635
Before: KLEIN, GANTMAN, JJ., AND MCEWEN, P.J.E.
Opinion by: KLEIN, J.
Andrea Kater appeals from the order denying her petition to strike the judgment entered against her following a jury verdict in favor of appellees Edward and Deborah Bell. We affirm.

Wednesday, February 6, 2008

COMMONWEALTH OF PENNSYLVANIA v. JONATHAN PAUL JONES
No. 1610 WDA 2007 2008 PA Super 16 Atlantic: n/a Filed: 2/6/2008
Appeal from the PCRA Order, August 15, 2006, in the Court of Common Pleas of Allegheny County Criminal Division at Nos. CC 199909241, CC 199909242, CC 199909243
Before: FORD ELLIOTT, P.J., MUSMANNO AND PANELLA, JJ.
Opinion by: FORD ELLIOT, P.J.
Appellant appeals the order entered August 15, 2006, denying his first collateral petition, brought pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. The petition was denied on the merits without hearing, following proper notice under Pa.R.Crim.P. 907, 42 Pa.C.S.A. We affirm.

Friday, February 1, 2008

Superior Court 1/2/2008 COMMONWEALTH OF PENNSYLVANIA v. JOSEPH C. STEMPLE, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH C. STEMPLE, JR.
No. 2301 WDA 2006 2008 PA Super 1 Atlantic: n/a Filed: 1/2/2008
Appeal from the PCRA Order of November 8, 2006, in the Court of Common Pleas of Mercer County, Criminal Division at No. 361 Criminal 2004
Before: TODD, BOWES AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from the order denying Appellant’s petition under the Post Conviction Relief Act (PCRA). Appellant contends his sentence is illegal in various ways, and his arguments require us to determine the proper interpretation of the sentencing provisions of 75 Pa.C.S.A. § 3735(a) (homicide by vehicle while driving under the influence). For the reasons set forth herein, we reverse the PCRA court’s order, vacate the sentence and remand for proceedings consistent with this opinion.