Showing posts with label IDSI. Show all posts
Showing posts with label IDSI. Show all posts

Friday, November 12, 2010

COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR.

COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR.
No. 156 EDA 2010 2010 PA Super 204 Atlantic: n/a Filed: 11/12/2010

Appeal from the Judgment of Sentence entered October 5, 2009
In the Court of Common Pleas of Montgomery County
Criminal at No(s): CR-0000048-08; CP-46-CR-0002575-2008
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Ross Rhoades, appeals from the judgment of sentence entered on October 5, 2009, by the Honorable Paul W. Tressler, Court of Common Pleas of Montgomery County. After careful review, we affirm.
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Thursday, October 7, 2010

COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS

COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS
No. 1860 EDA 2009 2010 PA Super 185 Atlantic: n/a Petition for Reargument Filed 10/18/2010 Filed: 10/7/2010

Appeal from the Judgment of Sentence entered June 19, 2009,
in the Court of Common Pleas of Delaware County, Criminal,
at No. CP-23-CR-0004874-2007.
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion Opinion by: LAZARUS, J.
Marc Brooks (“Appellant”) appeals from the judgment of sentence imposed after a jury convicted him of two counts of endangering the welfare of two minor victims, as well as multiple sexual offenses involving one of the minor victims. We affirm.
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Monday, August 23, 2010

IN THE INTEREST OF J.M., A MINOR

IN THE INTEREST OF J.M., A MINOR
No. 2072 MDA 2009 2010 PA Super 156 Atlantic: n/a Filed: 8/23/2010

Appeal from the Order Entered November 10, 2009
In the Court of Common Pleas of Lebanon County
Juvenile Division at No. CP-38-JV-0000262-2003
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Appellant, J.M., appeals from the order renewing his involuntary commitment for inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6404. J.M. contends that the evidence was insufficient to support his recommitment and that a plan for his discharge was not formulated in accordance with section 6406(c). We affirm.
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Thursday, December 31, 2009

COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS


COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS
No. 2127 EDA 2007 2009 PA Super 260 Atlantic: n/a Filed: 12/31/2009

Appeal from the Judgment of Sentence, March 29, 2007,
in the Court of Common Pleas of Philadelphia County
Criminal Division at No. CP-51-CR-0802891-2005
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, AND ALLEN, JJ.
Opinion by: FORD ELLIOT, P.J.
Gerry Burns appeals from the judgment of sentence of March 29, 2007, following his convictions of involuntary deviate sexual intercourse (“IDSI”), sexual assault, aggravated indecent assault, and indecent assault. A divided panel of this court filed a memorandum opinion on December 19, 2008, which reversed the judgment of sentence and remanded the case for a new trial upon finding that the trial court should have allowed appellant to pierce the Rape Shield Law and cross-examine the victim regarding whether she had engaged in sexual activity with another man earlier on the day in question. On February 26, 2009, we granted the Commonwealth’s application for reargument en banc and withdrew the panel memorandum opinion. After careful review, we now affirm the judgment of sentence.
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Monday, December 29, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CHARLES GERALD SCHWING, III

COMMONWEALTH OF PENNSYLVANIA v. CHARLES GERALD SCHWING, III
No. 473 MDA 2007 2008 PA Super 292 Atlantic: 964 A.2d 8 Filed: 12/29/2008

Appeal from the Judgment of Sentence dated February 21, 2007
In the Court of Common Pleas of York County
Criminal No. CP-67-CR-0002486-2006
Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Charles Gerald Schwing, III, appeals from the judgment of sentence entered in the York County Court of Common Pleas, following his convictions for two counts each of involuntary deviate sexual intercourse (IDSI), indecent assault, and corruption of minors. On appeal, Appellant challenges the denial of his motion to suppress his statement to the police. We hold that a custodial interrogation does not occur when an officer advises the defendant before the interview that he is free to leave, the officer permits the defendant to leave the room unescorted to attend to personal matters, and the officer waits until after the defendant’s confession to tell the defendant he is not free to leave. We further hold that Appellant’s subsequent and proper waiver of his rights cured any prior, potential violation. Accordingly, we affirm.
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