| COMMONWEALTH OF PENNSYLVANIA v. V.G. No. 914 EDA 2009 2010 PA Super 207 Atlantic: n/a Filed: 11/16/2010 | |
| Appeal from the Order Entered March 3, 2009, in the Court of Common Pleas of Bucks County, Criminal Division, at No. CP-09-CR-0003037-1986. | |
| Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E. | |
| Opinion by: BOWES, J. | |
| V.G. seeks expungement of charges to which he pleaded nolo contendere but mentally ill. We affirm the trial court’s refusal to expunge those charges. | |
Showing posts with label Expungement. Show all posts
Showing posts with label Expungement. Show all posts
Tuesday, November 16, 2010
Friday, July 16, 2010
COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL
| COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL No. 1268 MDA 2009 2010 PA Super 125 Atlantic: n/a Filed: 7/16/2010 | |
| Appeal from the Order Dated June 30, 2009 In the Court of Common Pleas of York County Criminal Division at Nos. CP-67-CR-0001881-2001 | |
| Before: BENDER, PANELLA and LAZARUS, JJ. | |
| Opinion by: BENDER, J. | |
| James Waughtel (Appellant) appeals from the order, dated June 30, 2009, denying his request to expunge charges from his record. Appellant claims that the balancing test set forth in Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981), applies to the circumstances here and that because the Commonwealth failed to present any justification for retaining Appellant’s record, the trial court erred in denying his expungement petition. For the reasons stated below, we affirm. | |
Thursday, December 24, 2009
| IN THE INTEREST OF: A.B. APPEAL OF: A.B. No. 2149 EDA 2006 2009 PA Super 252 Atlantic: n/a Filed: 12/24/2009 | |
| Appeal from the Order entered July 6, 2006 In the Court of Common Pleas of Monroe County Criminal, No. CP-45-JV-0030033-1999 | |
| Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, AND CLELAND, JJ. | |
| Opinion by: GANTMAN, J. | |
| Dissenting Opinion by: KLEIN, J. | |
| Appellant, A.B., appeals from the order entered in the Monroe County Court of Common Pleas, which denied his petition to expunge his juvenile record. Specifically, Appellant asks us to determine whether the court committed an error of law or an abuse of discretion when it denied Appellant’s petition, after he had fulfilled all of the requirements for expungement under 18 Pa.C.S.A. § 9123(a)(3). After careful review of the certified record as well as the relevant law pertaining to expungement of juvenile records, we hold the trial court misapplied the law in denying Appellant’s expungement petition, where Appellant fulfilled the requirements under Section 9123(a)(3); and the Commonwealth failed to show cause to deny expungement and retain Appellant’s juvenile record. Accordingly, we reverse and remand with directions to expunge Appellant’s juvenile record. | |
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Monday, August 10, 2009
COMMONWEALTH OF PENNSYLVANIA v. V.A.M.
| COMMONWEALTH OF PENNSYLVANIA v. V.A.M. No. 1101 EDA 2008 2009 PA Super 156 Atlantic: 980 A.2d 131 Filed: 8/10/2009 | |
| Appeal from the Order Entered March 5, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: CP-51-CR-0603191-1986 | |
| Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E. | |
| Opinion by: BENDER, J. | |
| Dissenting Opinion by: SHOGAN, J. | |
| V.A.M. (Appellant) appeals from the order denying his petition for expungement of his arrest and conviction record after he was granted a new trial on charges of rape, involuntary deviate sexual intercourse, robbery, and criminal conspiracy and the re-trial did not take place because the Commonwealth nolle prossed all charges, having failed to locate the complaining victim. We reverse and remand. | |
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Wednesday, January 14, 2009
Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA
| COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA No. 247 EDA 2008 2009 PA Super 3 Atlantic: 964 A.2d 923 Filed: 1/14/2009 | |
| Appeal from the Order entered on December 17, 2007, in the Court of Common Pleas of Chester County, Criminal Division, at No(s). CP-15-CR-0001131-2004. | |
| Before: LALLY-GREEN, KLEIN, and GANTMAN, JJ. | |
| Opinion by: LALLY-GREEN, J. | |
| Concurring Opinion by: KLEIN, J. | |
| Appellant, Christopher Hanna, appeals from the order entered on December 17, 2007, denying his petition to expunge. We vacate and remand. | |
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