COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON No. 495 WDA 2009 2010 PA Super 195 Atlantic: n/a Filed: 10/22/2010
	Appeal from the Order Entered February 6, 2009, In the Court of Common Pleas of Venango County Criminal Division at No(s): CP-61-CR-0000009-2001, CP-61-CR-0000636-2000
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Dissenting Opinion by: MUSMANNO, J.
This matter is before the Court on the appeal of the Commonwealth of Pennsylvania from the order entered by the Court of Common Pleas of Venango County, granting the motion of Appellee David W. Anderson, defendant below, and dismissing the prosecution because of prosecutorial misconduct. We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING

COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING No. 1978 WDA 2008 2010 PA Super 16 Atlantic: n/a Filed: 2/1/2010
	Appeal from the Judgment of Sentence of July 19, 2007, in the Court of Common Pleas of Allegheny County, Criminal Division at No. CP-02-CR-0009438-2005
Before: PANELLA, SHOGAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from judgment of sentence. There are three issues: (1) whether the evidence was sufficient to support Appellant’s conviction for third degree murder; (2) whether the trial court erred in denying Appellant’s motion to bar his trial on grounds of double jeopardy; and (3) whether the trial court erred in not setting aside the verdict due to juror misconduct. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v.GARY WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v.GARY WILLIAMS No. 1751 EDA 2008 2009 PA Super 176 Atlantic: 980 A.2d 667 Filed: 9/4/2009
	Appeal from the Judgment of Sentence May 29, 2008 in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0009046-2007
Before: KLEIN, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
Gary Williams (Appellant) appeals the judgment of sentence imposed following his convictions for three violations of the Uniform Firearms Act, specifically, Persons Not to Possess Firearms, Firearms Not to be Carried Without a License, and Carrying Firearms on Public Streets in Philadelphia. See 18 Pa.C.S. §§ 6105, 6106, and 6108. Appellant challenges the trial court’s refusal to suppress certain evidence seized following his arrest, contending that the police stopped him without reasonable suspicion. Appellant also asserts that it was erroneous for the trial court to impose two consecutive terms of incarceration for offenses that should have merged for the purposes of sentencing. We find no merit in Appellant’s claims, and therefore affirm the judgment of sentence.

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Superior Court 8/29/08 - COMMONWEALTH OF PENNSYLVANIA v. WILLIAM BARGER

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM BARGER
No. 1671 MDA 2006 2008 PA Super 202 Atlantic: n/a Filed: 8/29/2008
Appeal from the Judgment of Sentence entered on August 25, 2006, in the Court of Common Pleas of York County, Criminal Division, at No. CP-67-CR-0004998-2005
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, and ALLEN, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, William Barger, appeals from the judgment of sentence entered on August 25, 2006. We affirm in part and vacate in part.

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On reargument, Appellant raises one issue:

In a bifurcated misdemeanor/felony and summary trial, the jury determined that the Commonwealth’s sole witness was not credible, completely repudiated her allegations involving the same conduct, and acquitted the defendant of all misdemeanor and felony offenses. Pursuant to the doctrine of collateral estoppel under the double jeopardy clauses of the federal and state constitutions, the issue of this single witness’ credibility was decided adverse to the Commonwealth, and it was thereby precluded from relitigating that issue in the non-jury trial on the summary [h]arassment offense. Given that no additional evidence was presented to support the trial court’s verdict, the evidence was insufficient to support the trial court’s finding the defendant guilty of the summary offense of [h]arassment.

Superior Court 8/7/08 - COMMONWEALTH OF PENNSYLVANIA v. ROBERT WALKER

COMMONWEALTH OF PENNSYLVANIA v. ROBERT WALKER
No. 1249 WDA 2006 2008 PA Super 182 Atlantic: n/a Filed: 8/7/2008
Appeal from the Order Entered June 27, 2006,Court of Common Pleas, Westmoreland County,Criminal Division, at No. 3750 C 04.
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: KLEIN, J.
Dissenting Opinion by: BENDER, J.
Appellant, Robert Walker, appeals from the order entered on June 27, 2006, in the Court of Common Pleas of Westmoreland County that denied his omnibus pre-trial motion to dismiss on the grounds of double jeopardy. Upon review, we affirm.

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