Showing posts with label post-sentence. Show all posts
Showing posts with label post-sentence. Show all posts

Tuesday, December 1, 2009

COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN

COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN
No. 995 EDA 2009 2009 PA Super 229 Atlantic: n/a Filed: 12/1/2009

Appeal from the Judgment of Sentence entered on February
23, 2009, in the Court of Common Pleas of Delaware County,
Criminal Division, at No(s). CP-23-CR-0004715-2008
Before: STEVENS, POPOVICH, and HUDOCK*, JJ.
Opinion by: HUDOCK, J.
Appellant, Sabor Coleman, appeals from the judgment of sentence entered on February 23, 2009, as made final by the denial of post-sentence motions on March 5, 2009. We affirm.
-----------------------------------------------------
Want 50 state & federal case law? - click here

Wednesday, July 15, 2009

COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE

COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE
No. 1442 and 1448 WDA 2008 2009 PA Super 134 Atlantic: 978 A.2d 988 Filed: 7/15/2009

Appeal from the Order entered August 4, 2008,
in the Court of Common Pleas of Erie County,
Criminal Division at Nos. 325, 326 and 327 of 2008
Before: BOWES, ALLEN, and KELLY, JJ.
Opinion by: ALLEN, J.
Concurring and Dissenting Opinion by: BOWES, J.
Garrick Moore (“Appellant”) appeals from the trial court order denying his petition for extension of time to file a post-sentence motion. We remand with instructions, and hold that, for reasons of judicial economy and fairness, a defendant who raises ineffective assistance of counsel claims after being found in contempt of a Protection from Abuse order (“PFA”) and sentenced to imprisonment pursuant to 23 Pa.C.S.A. § 6114, is entitled to an evidentiary hearing on the ineffectiveness of counsel claims, such that the record is adequate to assess the claims on direct appeal, consistent with Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).
-----------------------------------------------------
Want 50 state & federal case law? - click here

Thursday, July 9, 2009

COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI

COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI
No. 1635 and 1721 MDA 2007 2009 PA Super 128 Atlantic: n/a Filed: 7/9/2009

Appeal from the Order Dated August 23, 2007
In the Court of Common Pleas of Northumberland County
Criminal at No(s): CP-49-CR-0000706-2004
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: KLEIN, J.
This is an appeal from the order dated August 23, 2007, and entered on August 24, 2007, by the Court of Common Pleas of Northumberland County, following the granting of Appellee’s/cross-Appellant’s, Kazimir Grohowski’s, motion for extraordinary relief and awarding of a new trial. Herein, the Commonwealth contends that the motion for extraordinary relief was improperly granted in that (1) such a motion is improper to raise allegations of ineffectiveness of counsel, and (2) even if not improper, trial counsel was not ineffective where Appellee did not prove he was prejudiced by the prosecutor’s remarks during closing argument. We reverse and remand.
-----------------------------------------------------
Want 50 state & federal case law? - click here