Commonwealth v. Walters (Lawyers Weekly No. 10-057-18)
Resentencing after vacated conviction not illegal when judge receives full credit for time served and no dead time results from restructured sentencing scheme.
Commonwealth
Commonwealth v. Faherty (Lawyers Weekly No. 11-043-18)
Use of prior uncounseled convictions to enhance sentence upheld where no right to counsel existed because prior offenses carried no incarceration.
Commonwealth v. Rivers (Lawyers Weekly No. 11-042-18)
Out-of-court victim identification properly admitted despite victim's initial misidentification of defendant's brother. Defendant's statements suppressed due to officer's improper promise that cooperation would help avoid felony charges.
Commonwealth v. Anitus (Lawyers Weekly No. 11-041-18)
DNA evidence on crime scene objects alone insufficient for conviction; must establish when DNA deposited. Affirmed reversal based on insufficiency of evidence.
Commonwealth v. Lujan (Lawyers Weekly No. 11-038-18)
Statements suppressed where defendant questioned through untrained interpreter in non-primary language with numerous mistranslations and leading questions.
Commonwealth v. Langley (Lawyers Weekly No. 09-029-18)
Defendant charged with placing explosive devices in neighbor's yard. Court dismisses because Commonwealth presented no evidence that the bottles actually contained substances capable of ignition, only that defendant believed they would.
Commonwealth v. Escobar (Lawyers Weekly No. 10-048-18)
Reversed. Phrase anything of value in identity fraud statute limited to things with market or monetary value, not avoidance of prosecution.
Commonwealth v. Grundman (Lawyers Weekly No. 10-045-18)
Sentencing judge failed to announce mandatory GPS monitoring condition at sentencing hearing. Belated imposition more than sixty days later, after defendant lost right to withdraw plea, violated defendant's rights.
Commonwealth v. Moore (Lawyers Weekly No. 11-035-18)
Judge cannot dismiss adult defendant's charge prior to arraignment after clerk-magistrate finds probable cause. Motion to dismiss must be heard after arraignment at pretrial conference or trial session.
Commonwealth v. G.F. (Lawyers Weekly No. 10-043-18)
Fourth trial permitted in sexually dangerous person case after three mistrials. Pretrial confinement of nearly seven years without sexual dangerousness finding violates due process; defendant entitled to supervised release hearing.