COMMONWEALTH OF PENNSYLVANIA v. EARL WILLIAM KUYKENDALL

COMMONWEALTH OF PENNSYLVANIA v. EARL WILLIAM KUYKENDALL No. 1675 MDA 2009 2010 PA Super 117 Atlantic: n/a Filed: 6/30/2010
	Appeal from the Judgment of Sentence Entered August 7, 2009, in the Court of Common Pleas of Mifflin County, Criminal Division at No: CR-0000177-07, CP-44-CR-0000274-2007.
Before: BOWES, MUNDY, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Earl Kuykendall appeals from the judgment of sentence of twenty-one to forty-eight months incarceration imposed by the trial court following Appellant’s revocation from the State Intermediate Punishment (“SIP”) program. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. BENJAMIN J. BRUBAKER

COMMONWEALTH OF PENNSYLVANIA v. BENJAMIN J. BRUBAKER No. 2012 MDA 2008 2010 PA Super 116 Atlantic: n/a Filed: 6/29/2010
	Appeal from the Judgment of Sentence, October 21, 2008, in the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-SA-0000118-2008
Before: FORD ELLIOTT, P.J., FREEDBERG AND COLVILLE, JJ.
Opinion by: FORD ELLIOT, P.J.
This is a pro se appeal from a judgment of sentence imposed upon appellant after he was convicted of violating a section of the Vehicle Code pertaining to sun screening of windows. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER No. 648 MDA 2009 2010 PA Super 115 Atlantic: n/a Filed: 6/25/2010
	Appeal from the Judgment of Sentence entered March 17, 2009 In the Court of Common Pleas of Franklin County Criminal No.: CP-29-CR-0000114-2008
Before: STEVENS, DONOHUE, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Michael Allan Clouser, appeals from the judgment of sentence entered in the Franklin County Court of Common Pleas, following his conviction of driving under the influence (“DUI”) of alcohol or controlled substance (highest rate of alcohol), and DUI (general impairment). Appellant contends that the trial court erred in denying his request for a justification instruction. We hold the trial court erred in concluding summarily that Appellant had alternate options in escaping the perceived danger; however, Appellant failed to assert that it was necessary to drive five miles to continue escaping the danger. Accordingly, for reasons other than those proposed by the trial court, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SIMEON BOZIC

COMMONWEALTH OF PENNSYLVANIA v. SIMEON BOZIC No. 269 EDA 2010 2010 PA Super 114 Atlantic: n/a Filed: 6/24/2010
	Appeal from the Judgment of Sentence March 13, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0107651-2005
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
Appellant, Simeon Bozic, appeals from the judgment of sentence of life imprisonment without parole entered in the Court of Common Pleas of Philadelphia County, after a jury rejected his duress defense and convicted him of first-degree murder and related offenses for his role in beating and stabbing the twenty-one year old girlfriend of his co-defendant. He claims the trial court abused its discretion in dismissing his weight of the evidence claim, in denying his requests for a mistrial or continuance when a purportedly key defense witness—co-defendant’s wife—avoided a subpoena and failed to appear in court, in overruling his objection to the prosecutor’s closing remarks, and in denying a presentence motion for extraordinary relief and post sentence motion for reconsideration, each asking for a new trial when the co-defendant’s wife was located after trial.

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COMMONWEALTH OF PENNSYLVANIA v. DEMINGO LAMAR WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. DEMINGO LAMAR WILLIAMS No. 191 WDA 2008 2010 PA Super 113 Atlantic: n/a Filed: 6/21/2010
	Appeal from the Judgment of Sentence entered on December 19, 2007 in the Court of Common Pleas of Allegheny County, Criminal Division, Nos. CP-02-CR-0003327-2005; CP-02-CR-0003329-2005
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: MUSMANNO, J.
Demingo Lamar Williams (“Williams”) appeals from the judgment of sentence imposed following the trial court’s revocation of his probation. We reverse in part, vacate in part, and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP

COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP No. 1507 MDA 2009 2010 PA Super 111 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence entered July 24, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0000081-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Sean Eugene Tapp appeals the judgment of sentence imposed following his conviction on retrial of Possession With Intent to Deliver, 35 P.S. § 780-113(a)(30). The sentencing judge imposed a term of incarceration double that imposed after the first trial, consigning Tapp to the statutory maximum sentence of ten to twenty years. Tapp now contends that the sentence imposed was presumptively vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), and argues that the trial court failed to provide an adequate explanation for the sentence imposed, thus violating the holding in Pearce. We find Tapp’s contention without merit. Accordingly, we affirm his judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS

COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS No. 3477 EDA 2008 2010 PA Super 112 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence Entered June 5, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0007123-2007.
Before: SHOGAN, POPOVICH and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, Tracy Daniels, appeals from the judgment of sentence entered on June 5, 2008 in the Philadelphia County Court of Common Pleas. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we affirm the judgment of sentence and grant counsel’s petition to withdraw.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART

COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART No. 548 EDA 2008 2010 PA Super 110 Atlantic: n/a Filed: 6/17/2010
	Appeal from the Judgment of Sentence January 11, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-1206051-2005
Before: FORD ELLIOTT, P.J., PANELLA and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Appellant, Richard Taggart (“Taggart”) appeals from the trial court’s January 11, 2008 judgment of sentence. The trial court imposed an aggregate six to 12 years of incarceration followed by 5 years of probation for persons not to carry firearms, carrying a firearm without a license, carrying a firearm on public streets in Philadelphia, and carrying a firearm with an obliterated serial number. We affirm in part, vacate in part, and remand.

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COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON

COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON No. 574 EDA 2007 2010 PA Super 109 Atlantic: n/a Filed: 6/15/2010
	Appeal from the Judgment of Sentence February 1, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0303761-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Deiyo Dixon appeals from the judgment of sentence imposed by the Court of Common Pleas of Philadelphia County. We have granted en banc review to address suppression and sentencing issues raised by Dixon. Following careful examination of the record before us, as well as pertinent case and statutory law, we find no error on the part of the lower court, and affirm the judgment of sentence.

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DANIEL F. ROSS v. FOREMOST INSURANCE COMPANY, SENTRY SERVICES, INC.

DANIEL F. ROSS v. FOREMOST INSURANCE COMPANY, SENTRY SERVICES, INC. No. 529 WDA 2009 2010 PA Super 107 Atlantic: n/a Filed: 6/11/2010
	Appeal from the Order Entered February 23, 2009, In the Court of Common Pleas of Allegheny County, Civil Division at No(s). GD 05-001848
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: OTT, J.
Daniel F. Ross appeals from the order entered on February 23, 2009 granting a motion for summary judgment filed by Sentry Services, Inc. (“Sentry”) and dismissing his complaint. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM No. 1158 WDA 2009 2010 PA Super 104 Atlantic: n/a Filed: 6/8/2010
	Appeal from the PCRA Order June 22, 2009, In the Court of Common Pleas of Allegheny County, Criminal Division at No(s): CR-0002990-08 CP-02-CR-0005423-2008
Before: BOWES, J., OTT, J. and McEWEN, P.J.E.
Opinion by: OTT, J.
Joseph Abraham appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. In his petition, Abraham claimed his trial counsel was ineffective for failing to inform him a guilty plea to indecent assault would result in the loss of his vested pension rights, see 43 P.S. § 1311 et seq, thereby rendering his guilty plea unknowing and involuntary. The PCRA Court dismissed his petition without a hearing pursuant to Pa.R.Crim.P. 907. After a thorough review of the official record, submissions by the parties, and relevant law, we reverse and remand for a hearing.

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IN RE: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN & YOUTH SERVICES IN THE INTEREST OF: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN AND YOUTH

IN RE: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN & YOUTH SERVICES IN THE INTEREST OF: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN AND YOUTH SERVICES No. 1664 and 1666 MDA 2009 2010 PA Super 103 Atlantic: n/a Filed: 6/4/2010
	Appeal from the Order entered August 24, 2009 In the Court of Common Pleas of York County Juvenile, No. CP-67-DP-933-2006 and No. 2008-0136
Before: GANTMAN, ALLEN, AND LAZARUS, JJ.
Opinion by: GANTMAN, J.
Appellant, York County Children and Youth Services (“CYS”), appeals from the order entered in the York County Court of Common Pleas, denying CYS’ petitions to change the placement goal to adoption and involuntarily terminate Mother’s parental rights with respect to her minor child, R.M.G. Upon a careful review of the record and the applicable law, we hold the court erred in denying the goal-change and termination petitions. Accordingly, we reverse the order denying CYS’ petitions and remand for further proceedings consistent with this decision.

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IN RE: J.P. APPEAL OF: DEPARTMENT OF HUMAN SERVICES

IN RE: J.P. APPEAL OF: DEPARTMENT OF HUMAN SERVICES No. 521 EDA 2009 2010 PA Super 102 Atlantic: n/a Filed: 6/3/2010
	Appeal from the Order entered on December 19, 2008, in the Court of Common Pleas of Philadelphia County, Family Court Division, No. D#5698-08-07, J#376628-03
Before: BOWES, OLSON, AND FITZGERALD, JJ.
Opinion by: OLSON, J.
Appellant, City of Philadelphia, Department of Human Services (“DHS”), appeals from an order directing DHS to provide kinship care payments to W.W. (“Grandmother”), the paternal grandmother of dependent child, J.P. (“Child”). We affirm.

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