Superior Court of Pennsylvania Court Cases

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  1. Com. v. Carr (2001)

    ¶ 1 Appellant, Michael Carr, asks us to determine whether the trial court erred when it denied his PCRA petition as untimely without affording him a hearing. We hold that Appellant's PCRA petition is untimely as it was filed more than one year from the date Appellant's conviction became final. We also hold that Appellant's recent discovery of trial counsel's failure to file a direct appeal on his behalf does not meet any exception to the PCRA's timeliness requirements. Accordingly, we affirm [...]

    Court: Superior Court of Pennsylvania
  2. Com. v. MOURY (2010)

    ¶ 1 Appellant, Clinton Oliver Moury, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas, following his jury trial convictions for two (2) counts of discharge of a firearm into an occupied structure,[1] carrying a firearm without a license,[2] possession of an instrument of crime with intent ("PIC"),[3] two (2) counts of driving under the influence ("DUI"),[4] six (6) counts of recklessly endangering another person ("REAP"),[5] accidental damage to [...]

    Court: Superior Court of Pennsylvania Docket: 158 EDA 2009
  3. In Re B. (2004)

    ¶ 1 Appellant, B.,L. ("Mother"), asks us to determine whether the parental rights of Appellee, Q.,G.A. ("Father") should have been involuntarily terminated, where Mother's petition for the involuntary termination under 23 Pa.C.S.A. § 2511(a)(1) was supported by competent evidence. After careful review of the pertinent law as applied to the facts herein, we hold the evidence presented was sufficient to support Mother's petition for involuntary termination of Father's parental rights under [...]

    Court: Superior Court of Pennsylvania
  4. Com. v. Sierra (2000)

    ¶ 1 Emily Sierra appeals the judgment of sentence entered May 21, 1999 by the Court of Common Pleas of Lancaster County. Sierra initially was sentenced to 8 to 23 months imprisonment, with 3 years consecutive probation, for aggravated assault.[1] Following a determination that she had committed technical violations of her parole and probation, both were revoked and she was resentenced to 5 to 20 years imprisonment. After a careful review of the record in this case, we find no abuse of [...]

    Court: Superior Court of Pennsylvania
  5. In Re CMS (2005)

    ¶ 1 Father appeals the termination of his parental rights, contending that termination does not best serve the needs and welfare of the child and that petitioners/appellees lacked standing to bring the termination petition. We affirm.


    Court: Superior Court of Pennsylvania
  6. Com. v. McAfee (2004)

    ¶ 2 On November 17, 1998, Appellant was tried by a judge sitting without a jury and found guilty of one count of aggravated assault, two counts of recklessly endangering another person, two counts of terroristic threats, one count of simple assault, one count of obstructing the administration of law or other government function, and one count of resisting arrest.[1] On June 18, 1999, the trial court sentenced Appellant to serve an aggregate term of one to two years of incarceration followed by [...]

    Court: Superior Court of Pennsylvania
  7. In Re Adoption of MEP (2003)

    ¶ 1 D.L.P. (Mother) appeals the order entered on June 18, 2002, in the Court of Common Pleas of Westmoreland County that involuntarily terminated her parental rights in her minor child, M.E.P. Upon review, we affirm.


    Court: Superior Court of Pennsylvania
  8. In Re RNJ (2009)

    ¶ 1 M.H. ("Mother") appeals from the orders entered on December 12, 2007, wherein the trial court involuntarily terminated her parental rights to her two young children, R.N.J. and G.J.[1], born June 18, 2004, and May 18, 2006, respectively, and changed the permanency goal of her two older children, M.J. and B.M.J., born September 9, 1995, and October 29, 1998, respectively, from reunification to permanent legal custody ("PLC"). After careful review, we affirm.[2]


    Court: Superior Court of Pennsylvania Docket: 648 EDA 2008, No. 649 EDA 2008
  9. Com. v. Malovich (2006)

    ¶ 2 Appellant was serving eighteen months' probation for theft by deception. (He had committed this crime by cashing a forged check for six hundred and fifty dollars.) When a probation officer went to Appellant's reported address to conduct a curfew check, he learned that Appellant no longer resided there. Four days later, the officer found Appellant. He was in possession of marijuana.


    Court: Superior Court of Pennsylvania
  10. In Re ZP (2010)

    ¶ 1 Appellant, Lycoming County Children and Youth Agency ("Agency"), appeals from the order entered in the Lycoming County Court of Common Pleas, which denied the Agency's petition to terminate Father's parental rights with respect to his minor child, Z.P. Upon a thorough review of the record, the arguments presented, and the applicable law, we hold the court erred in denying the termination petition. Accordingly, we reverse the order denying the Agency's petition and remand with instructions [...]

    Court: Superior Court of Pennsylvania Docket: 1214 MDA 2009
  11. Com. v. Jordan (2001)

    ¶ 1 This is an appeal from an order entered on October 6, 1999, dismissing without a hearing Appellant's second petition under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. The appeal presents the question of whether Appellant's prior counsel rendered ineffective assistance of counsel in failing to pursue a direct appeal on Appellant's behalf. The issue, as raised by Appellant, is:


    Court: Superior Court of Pennsylvania Docket: Argued November 9, 2000
  12. Com. v. Fowler (2007)

    ¶ 1 Appellant, Jeremy Dylan Fowler, appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA").[1] On appeal, Appellant challenges the legality of his original sentence imposed on April 12, 2001, following his guilty plea to violations of The Controlled Substance, Drug, Device and Cosmetic Act. Appellant also seeks 25 months' credit for time served in the Erie County Drug Treatment Court Program. For the reasons set forth below, we hold [...]

    Court: Superior Court of Pennsylvania
  13. Com. v. Jones (2005)

    ¶ 1 Appellant, Barnswell Jones, asks us to determine whether the suppression court erred when it denied his omnibus pretrial motion which, inter alia, sought to suppress all evidence obtained as a result of an investigatory detention subsequent to a routine traffic stop on October 17, 2001. Appellant also challenges the sufficiency of the evidence to support his convictions for possession with intent to deliver a controlled substance ("PWID")[1] and conspiracy.[2] We hold the investigative [...]

    Court: Superior Court of Pennsylvania
  14. In Re ALD (2002)

    ¶ 1 In this appeal and cross-appeal of M.D., the natural mother of A.L.D., Jr. ("Mother") and Washington County Children and Youth Services ("CYS") respectively, we must determine whether the Washington County Orphans' Court erred in postponing the termination of Mother's parental rights. We must also determine whether the court erred (1) in directing Mother and CYS to make additional attempts toward the reunification of Mother and A.L.D., Jr. and (2) in providing for another hearing in six [...]

    Court: Superior Court of Pennsylvania
  15. In Re JLC (2003)

    ¶ 1 J.L.C. ("Father") appeals from two orders entered February 18, 2003, in the Court of Common Pleas of Montgomery County, Orphans' Court Division, involuntarily terminating his parental rights with respect to his sons, J.R.C. and J.L.C. We affirm.


    Court: Superior Court of Pennsylvania
  16. In Re CLG (2008)

    ¶ 1 N.P. (Mother), the biological parent of C.L.G. (d.o.b. 4/14/05) appeals from the order entered on March 22, 2007, granting the petition filed by the Chester County Department of Children, Youth and Families (Agency) and involuntarily terminating her parental rights to C.L.G.[1] Upon reconsideration, we affirm.


    Court: Superior Court of Pennsylvania Docket: 899 EDA 2007
  17. Com. v. Tirado (2005)

    ¶ 1 Appellant, William Tirado, appeals from the judgment of sentence entered on January 15, 2004, by the Honorable William E. Ford, Court of Common Pleas of Lehigh County. On November 25, 2003, after reaching an "open" plea agreement[1] with the Commonwealth, Appellant pled guilty to burglary[2] and aggravated assault upon a police officer.[3] Thereafter, on January 15, 2004, Appellant was sentenced to a period of imprisonment of 10 to 20 years on the burglary charge in addition to a [...]

    Court: Superior Court of Pennsylvania
  18. Com. v. Berry (2005)

    ¶ 2 The procedural history of the case is as follows. Appellant was charged with one count of driving under the influence, and one count of driving while operating privileges are suspended or revoked. On September 12, 2002, the court held a plea colloquy. During this colloquy, Appellant expressed his desire to proceed pro se. The court allowed Appellant to do so. The court then stated that the parties had reached a plea arrangement. Specifically, in exchange for Appellant's guilty pleas, the [...]

    Court: Superior Court of Pennsylvania
  19. Com. v. Ford (2012)

    In November of 2007, Appellant was arrested and charged in connection with a robbery that occurred in the parking lot of Harrisburg Dairies. The record reflects that in the early morning hours of November 12, 2007, Brandon Clarke, a dairy employee arriving for work, discovered Appellant sitting in a company truck, eating Clarke's lunch. Clarke asked Appellant what he was doing sitting [in] his company truck, but Appellant did not reply. After a few moments, Appellant exited the truck and [...]

    Court: Superior Court of Pennsylvania Docket: 905 MDA 2011
  20. Com. v. Nischan (2007)

    ¶ 1 This case is a direct appeal from judgment of sentence. Appellant's attorney has filed a petition to withdraw as counsel, alleging that the appeal is frivolous. Counsel has also filed a brief pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), presenting issues that might arguably support the appeal. Those issues are: (1) whether the court erred by imposing a mandatory minimum sentence of ten years pursuant to 42 Pa.C.S.A. § 9714(a) (second strike); [...]

    Court: Superior Court of Pennsylvania

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