COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON No. 2079 MDA 2009 2010 PA Super 225 Atlantic: n/a Filed: 12/7/2010
	Appeal from the Order entered November 12, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001947-2009
Before: PANELLA, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: PANELLA, J.
The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole, Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse.

-----------------------------------------------------Want 50 state & federal case law? - click here

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE No. 1118 MDA 2009 2010 PA Super 198 Atlantic: n/a Filed: 10/29/2010
	Appeal from the Judgment of Sentence entered May 21, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0002332-2008, CP-40-CR-0002328-2008
Before: PANELLA, OTT and COLVILLE, JJ.
Opinion by: PANELLA, J.
Appellant, Joseph Craig Eckrote, appeals from the judgment of sentence entered on May 21, 2009, by the Honorable Joseph M. Augello, Court of Common Pleas of Luzerne County. After careful review, we affirm.

-----------------------------------------------------Want 50 state & federal case law? - click here

COMMONWEALTH OF PENNSYLVANIA v. GILBERT ARROYO

COMMONWEALTH OF PENNSYLVANIA v. GILBERT ARROYO No. 880 MDA 2009 2010 PA Super 42 Atlantic: n/a Filed: 3/19/2010
	Appeal from the Judgment of Sentence of April 7, 2009, in the Court of Common Pleas of Lancaster County, Criminal Division at No. CP-36-CR-0005313-2007
Before: FORD ELLIOTT, P.J., GANTMAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from a judgment of sentence. We vacate the judgment of sentence and reverse the order denying Appellant’s motion to dismiss.

-----------------------------------------------------
Want 50 state & federal case law? - click here

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.

-----------------------------------------------------
Want 50 state & federal case law? - click here

COMMONWEALTH OF PENNSYLVANIA v. DARYL J. BOICH

COMMONWEALTH OF PENNSYLVANIA v. DARYL J. BOICH No. 1856 MDA 2006 2009 PA Super 195 Atlantic: 982 A.2d 102 Filed: 10/6/2009
	Appeal from the Order entered October 5, 2006 In the Court of Common Pleas of Luzerne County Criminal, No. CP-40-CR-0000024-2006
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN*, KLEIN, BENDER, BOWES, GANTMAN, AND SHOGAN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: KLEIN, J.
Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Luzerne County Court of Common Pleas, which granted the pre-trial motion of rape defendant Appellee, Daryl J. Boich, to direct the adult rape complainant (“C.U.”) to submit to an involuntary psychiatric examination for purposes of deciding her competency to testify at trial. The Commonwealth asks whether the court erred when it found compelling reasons to grant Appellee’s request. We hold the court erred when it ordered an involuntary psychiatric examination of C.U. on the grounds alleged. Accordingly, we reverse and remand for further proceedings.

-----------------------------------------------------
Want 50 state & federal case law? - click here

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.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS No. 615 MDA 2006 2009 PA Super 66 Atlantic: 969 A.2d 1259 Filed: 4/9/2009
	Appeal from the Judgment of Sentence April 4, 2006 In the Court of Common Pleas of Berks County Criminal, No. CP 06 CR 3312 - 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BENDER, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the trial court erred when it sentenced Appellee, Stephen A. Parsons, to three (3) months of electronic monitoring under the supervision of the Berks County Probation Office, followed by a five-year term of probation, in violation of the parties’ plea agreement that called for a greater sentence. After careful review of the certified record as well as the relevant, settled law pertaining to plea agreements, we hold the court erred when it allowed Appellee to lodge an untimely challenge to the sentencing term of the plea agreement, and when the court set aside the sentencing term, without the Commonwealth’s consent, despite the clarity of the plea agreement both as to the charges and the specific sentence, which the court had previously accepted. Accordingly, we vacate the judgment of sentence and remand for imposition of the sentence contained in the parties’ plea bargain.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM

COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM No. 1409 WDA 2007 2009 PA Super 61 Atlantic: 969 A.2d 629 Filed: 4/3/2009
	Appeal from the Judgment of Sentence March 12, 2008 In the Court of Common Pleas of Allegheny County Criminal at No(s): CP-02-CR-0014431-2005
Before: STEVENS, MUSMANNO, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Peas of Allegheny County on March 12, 2008, following Appellant’s conviction by a jury of rape, rape of a child, statutory sexual assault, and corruption of minors. Herein, Appellant contends that the crimes of rape and statutory sexual assault should have merged for purposes of sentencing. We affirm the judgment of sentence.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER

COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER No. 1659 WDA 2007 2008 PA Super 239 Atlantic: 959 A.2d 380 Filed: 10/9/2008
	Appeal from the Judgment of Sentence of May 9, 2007, in the Court of Common Pleas of Clarion County, Criminal Division at No. CP-16-CR-0000503-2006
Before: LALLY-GREEN, TAMILIA and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
This case is a direct appeal from judgment of sentence. Appellant was convicted of one count of criminal solicitation (18 Pa.C.S.A. § 902(a)) with the intent of promoting or facilitating the rape of a child under thirteen (18 Pa.C.S.A § 3121(c), a felony of the first degree). This charge was based on the allegation that Appellant encouraged N.A. (a twelve-year-old girl) and C.G. (a thirteen-year-old boy) to engage in oral sex.

-----------------------------------------------------
Want 50 state & federal case law? - click here