Showing posts with label Habeas Corpus. Show all posts
Showing posts with label Habeas Corpus. Show all posts

Wednesday, November 4, 2009

IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT

IN RE: EDUARDO GARCIA
APPEAL OF: EDUARDO GARCIA, APPELLANT

No. 1648 WDA 2008 2009 PA Super 210 Atlantic: n/a Filed: 11/4/2009

Appeal from the Order entered July 7, 2008
in the Court of Common Pleas of Forest County,
Criminal Division, at No. CP-27-MD-0000009-2007.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Eduardo Garcia, appeals from the July 7, 2008 order which denied his petition for writ of habeas corpus. After review, we affirm.
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Monday, July 6, 2009

COMMONWEALTH OF PENNSYLVANIA v.HERBERT BRIAN STOUT


COMMONWEALTH OF PENNSYLVANIA v.HERBERT BRIAN STOUT
No. 1462 MDA 2008 2009 PA Super 122 Atlantic: n/a Filed: 7/6/2009

Appeal from the Order Entered July 30, 2008,
in the Court of Common Pleas of Columbia County
Criminal Division at No. CP-19-CR-0000348-2006
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from an order denying a writ of habeas corpus filed by appellant, Herbert Brian Stout. We vacate and remand.
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Tuesday, January 27, 2009

Superior Court - COMMONWEALTH OF PENNSYLVANIA (Appellate at 1185) v. FELIPO MALDONADO COMMONWEALTH OF PENNSYLVANIA (Appellant at 1186) v. REINALDO ORT

COMMONWEALTH OF PENNSYLVANIA (Appellate at 1185) v. FELIPO MALDONADO
COMMONWEALTH OF PENNSYLVANIA (Appellant at 1186) v. REINALDO ORTIZ-SANTANA

No. 1185 & 1186 MDA 2007 2009 PA Super 15 Atlantic: 966 A.2d 1144 Petition for Reargument Denied 4/2/2009 Filed: 1/27/2009

Appeal from Order dated June 25, 2007
In the Court of Common Pleas of Berks County
Criminal at No(s): CP-06-CR-0000205-2007 and CP-06-CR-0005278-2006
Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is a consolidated appeal from the order entered by the Court of Common Pleas of Berks County granting Appellees’ respective petitions for Writ of Habeas Corpus and dismissing the charge of Escape, 18 Pa.C.S.A. § 5121(a) that had been filed against each parolee for leaving a detainment facility without permission. The Commonwealth argues the trial court erred in concluding section 5121 necessarily excludes from its reach parole violators who have been arrested and placed in a facility pending their parole violation hearing. As we agree with the Commonwealth, we vacate and remand.
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Friday, September 12, 2008

Superior Court 9/12/2008 - COMMONWEALTH OF PENNSYLVANIA v. LILI MARARITA WINGER

COMMONWEALTH OF PENNSYLVANIA v. LILI MARARITA WINGER
No. 2003 MDA 2007 2008 PA Super 211 Atlantic: n/a Filed: 9/12/2008
Appeal from the Order entered October 31, 2007In the Court of Common Pleas of Centre CountyCriminal, No. CP-14-CR-0001508-2007
Before: GANTMAN, SHOGAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the Centre County Court of Common Pleas erred when it granted habeas corpus relief and dismissed the charge, filed against Appellee, Lili Mararita Winger, of endangering the welfare of children. We hold the trial court erred when it dismissed the charge, because the Commonwealth produced probable cause to establish a prima facie case for that offense. Accordingly, we reverse and remand for further proceedings.

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