Monday, July 27, 2009

COMMONWEALTH OF PENNSYLVANIA v. AARON L. JONES

COMMONWEALTH OF PENNSYLVANIA v. AARON L. JONES
No. 582 WDA 1008 2009 PA Super 145 Atlantic: 978 A.2d 1000 Filed: 7/27/2009

Appeal from the Order Entered March 7, 2008,
in the Court of Common Pleas of Allegheny County
Criminal Division at No. 200518797
Before: FORD ELLIOTT, P.J., LALLY-GREEN AND ALLEN, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal by the Commonwealth from an order granting appellee’s motion to suppress. We reverse and remand.
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Thursday, July 23, 2009

IN RE: D.S. AND M.S., MINOR CHILDREN APPEAL OF: D.B., GRANDMOTHER

IN RE: D.S. AND M.S., MINOR CHILDREN
APPEAL OF: D.B., GRANDMOTHER

No. 2685 EDA 2008 2009 PA Super 144 Atlantic: 979 A.2d 901 Filed: 7/23/2009

Appeal from the Order Entered August 27, 2008
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): J.# 46153601 Petition# 6122-07-08 Petition# 6123-07-08
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
Concurring Statement by: KLEIN, J.
D.B. (“Grandmother”) appeals from the August 27, 2008 order entered in the Court of Common Pleas of Philadelphia County concluding that Grandmother did not have standing to participate in the dependency proceedings and vacating the appointment of Grandmother’s counsel. We affirm.
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Tuesday, July 21, 2009

COMMONWEALTH OF PENNSYLVANIA v. GEORGE VINCENT KUBIS

COMMONWEALTH OF PENNSYLVANIA v. GEORGE VINCENT KUBIS
No. 1644 EDA 2008 2009 PA Super 140 Atlantic: 978 A.2d 391 Filed: 7/21/2009

Appeal from the Judgment of Sentence May 12, 2008
In the Court of Common Pleas of Bucks County
Criminal Division at No. CP-09-CR-0008943-2007
Before: LALLY-GREEN, BENDER and FITZGERALD, JJ.
Opinion by: BENDER, J.
George Kubis (Appellant) was found guilty of robbery and related charges by a jury on March 13, 2008 and was sentenced to twenty-five to fifty years’ imprisonment. On appeal, Appellant contends that there was insufficient evidence to convict him of robbery, that denial of his motions to suppress physical evidence and identification evidence was improper, and that irrelevant evidence was improperly admitted at trial. After review, we affirm.
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COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR.

COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR.
No. 1986 WDA 2008 2009 PA Super 143 2009 PA Super 143 Atlantic: 978 A.2d 995 Filed: 7/21/2009

Appeal from the Judgment of Sentence October 29, 2008
In the Court of Common Pleas of Erie County,
Criminal at No(s): CP-25-CR-0003024-2007
Before: LALLY-GREEN, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, Joshua Lilley, Sr., appeals from judgment of sentence entered by the Court of Common Pleas of Erie County. Appellant’s court-appointed counsel (“Counsel”) has filed a brief and a petition to withdraw from this appeal on the basis of frivolity. After conducting an independent review of the record, we grant the petition to withdraw and affirm judgment of sentence.
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TRACY L. BIESE v. LEE C. BIESE

TRACY L. BIESE v. LEE C. BIESE
No. 1797 MDA 2007 2009 PA Super 142 Atlantic: 979 A.2d 892 Filed: 7/21/2009

Appeal from the Order entered September 17, 2008,
in the Court of Common Pleas of Berks County,
Civil, at No. 06-12474.
Before: ALLEN, FREEDBERG, and CLELAND, JJ.
Opinion by: ALLEN, J.
Lee C. Biese (“Husband”) appeals from the order entered by the trial court which resolved the economic claims between Husband and Tracy L. Biese (“Wife”) in their divorce proceedings. We affirm in part and reverse in part, and remand with instructions.
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IN THE INTEREST OF: J.S., A MINOR APPEAL OF ALLEGHENY COUNTY OFFICE OF CHILDREN YOUTH AND FAMILIES (at 1766) IN RE: J.S., A MINOR APPEAL OF: M.D.,

IN THE INTEREST OF: J.S., A MINOR
APPEAL OF ALLEGHENY COUNTY OFFICE OF CHILDREN YOUTH AND FAMILIES (at 1766) IN RE: J.S., A MINOR
APPEAL OF: M.D., NATURAL MOTHER(at 1767)

No. 1766 and 1777 WDA 2008 2009 PA Super 141 Atlantic: 980 A.2d 117 Filed: 7/21/2009

Appeal from the Order Entered September 18, 2008,
in the Court of Common Pleas of Allegheny County,
Juvenile Division, at No. 76151-B.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
In this consolidated appeal, the Allegheny County Office of Children and Youth and Families (“CYF”) and M.D. (“Mother”) appeal from the order entered on September 18, 2008, wherein the juvenile court granted K.C. and J.C. (“Foster Parents”) permission to intervene in an ongoing dependency proceeding. We reverse.
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COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA
No. 2079 EDA 2007 2009 PA Super 138 Atlantic: 979 A.2d 357 Filed: 7/21/2009

Appeal from the Judgment of Sentence of May 31, 2007,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No. CP-51-CR-1301295-2006
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: DONOHUE, J.
On appeal, Stephen Foglia challenges the constitutionality of a police interdiction that led to the discovery of his possession of an unlicensed firearm. We affirm.
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Monday, July 20, 2009

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN
No. 368 WDA 2008 2009 PA Super 139 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/20/2009

Appeal from the Judgment of Sentence of January 31, 2008,
in the Court of Common Pleas of Clearfield County, Criminal Division,
at No. CP-17-CR-0000061-2007.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Dissenting Opinion Opinion by: POPOVICH, J.
The Commonwealth appeals the sentencing court’s refusal to apply the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712.1. We vacate the judgment of sentence and remand for sentencing in accordance with that statute.
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Friday, July 17, 2009

COMMONWEALTH OF PENNSYLVANIA v. JOSE GONZALEZ

COMMONWEALTH OF PENNSYLVANIA v. JOSE GONZALEZ
No. 753 MDA 2008 2009 PA Super 137 Atlantic: 979 A.2d 879 Filed: 7/17/2009

Appeal from the Judgment of Sentence of March 19, 2008,
in the Court of Common Pleas of Lebanon County,
Criminal Division, at No. CP-38-CR-0001010-2007.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: KELLY, J.
Appellant, Jose Gonzalez, appeals from the judgment of sentence of three to six years incarceration imposed on March 19, 2008, following his conviction at a bench trial of possession of cocaine, possession of heroin, possession of cocaine with intent to deliver, and possession of drug paraphernalia. We affirm.
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GABRIEL G. OCASIO v. PRISON HEALTH SERVICES

GABRIEL G. OCASIO v. PRISON HEALTH SERVICES
No. 2002 WDA 2008 2009 PA Super 136 Atlantic: 979 A.2d 352 Filed: 7/17/2009

Appeal from the Order October 27, 2008,
In the Court of Common Pleas of Somerset County,
Civil Division at No. 1020 Civil 2008.
Before: LALLY-GREEN, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Gabriel G. Ocasio appeals from the October 27, 2008 order entered in the Court of Common Pleas, Somerset County, which denied his petition to proceed in forma pauperis and dismissed his complaint with prejudice as being frivolous. Upon review, we affirm.
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