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Judge, Superior Court of Pennsylvania
Com. v. Dominguez Alvarez, A.
Superior Court of Pennsylvania · 2026-06-29
The case involved the Commonwealth's appeal from a trial court order granting defendant Aderly Dominguez Alvarez's habeas corpus motion and quashing a charge of receiving stolen property. The defendant had been stopped while towing a truck reported stolen two weeks earlier; his employer had instructed him to tell police a false story about the truck's origin, but the defendant only learned of inconsistencies in that story during the stop itself. The Superior Court affirmed, holding that the Commonwealth failed to present a prima facie case because it offered no evidence that the defendant knew or had reason to know the truck was stolen prior to or at the time of the stop, and mere possession of stolen property is insufficient to establish the required guilty knowledge element. The court reviewed the preliminary hearing record de novo and found no circumstantial evidence of the defendant's awareness of the theft.
criminal law
Com. v. Lucas, D.
Superior Court of Pennsylvania · 2026-06-26
Darian Lucas appealed the dismissal of his fifth petition under the Post Conviction Relief Act (PCRA) in a case stemming from a 1994 shooting incident that led to his 1995 conviction for first-degree murder and related charges, resulting in a life sentence. The Superior Court of Pennsylvania affirmed the lower court's order dismissing the petition as untimely. The court reasoned that the petition, filed in 2025 and relying on a 2025 federal district court decision in Overby v. Wetzel concerning presumed prejudice in jury voir dire, did not meet the timeliness exception for newly recognized constitutional rights, as such exceptions require a retroactive ruling from the U.S. Supreme Court or Pennsylvania Supreme Court, and federal district court decisions are not binding on state courts.
criminal lawprocedure
Com. v. Gonzalez, J.
Superior Court of Pennsylvania · 2026-06-26
This case involved Jason Gonzalez's appeal from his convictions and sentence following a robbery at a Philadelphia corner store, during which he and a co-conspirator, both masked and armed, took cash from the register while one pointed a gun at the pregnant wife of the store owner. The Superior Court reversed the conviction for aggravated assault under 18 Pa.C.S.A. § 2702(a)(1), finding the evidence insufficient to establish the required elements, but affirmed the convictions for robbery, theft, and related offenses. The court also identified a clerical error in the conspiracy disposition and remanded for correction of that charge along with resentencing on the remaining convictions. The reasoning centered on the lack of proof for aggravated assault and the need to align the sentencing order with the trial court's intent or dismiss the unsupported conspiracy count.
criminal lawprocedure
Com. v. Barden, J.
Superior Court of Pennsylvania · 2026-06-26
The case involved Joshua Xavier Barden's appeal from his judgment of sentence after pleading guilty to rape of a child involving his young niece, resulting in a sentence of 15 to 37 years of incarceration and designation as a sexually violent predator under SORNA. The appellant challenged the sufficiency of the evidence for the SVP finding, arguing that the expert witness improperly relied on allegations from dismissed charges and hearsay statements rather than solely on the facts of the pled offense, which he claimed violated due process. The Superior Court affirmed the sentence, holding that binding precedent permits experts in SVP hearings to consider a broader range of records and allegations to form their opinions, as these are not admitted for their truth but to explain the basis of the expert's assessment.
criminal law
Com. v. Westerfer, J.
Superior Court of Pennsylvania · 2026-06-26
The case involved Jay Westerfer's appeal from his conviction and sentence for driving under the influence of a controlled substance after a traffic stop in Montgomery County, Pennsylvania. Officer observations included the defendant's vehicle swerving and nearly stopping erratically, constricted pupils and bloodshot eyes without alcohol odor, and multiple failures on standardized field sobriety tests, leading to a blood test refusal. The trial court found him guilty following a bench trial, and the Superior Court affirmed, holding that the evidence viewed in the light most favorable to the Commonwealth was sufficient to establish impairment by a drug rendering him incapable of safe driving, consistent with precedent that expert testimony is not required. The core reasoning centered on the officer's training, the observed indicia of impairment, and the rejection of arguments that lack of drug evidence or certain normal tests undermined sufficiency.
criminal lawprocedure
Com. v. Warner, K.
Superior Court of Pennsylvania · 2026-06-26
This case involves Khalil Warner's pro se appeal from the dismissal of his first PCRA petition challenging his 2023 guilty plea to two counts of aggravated assault in Delaware County, for which he received a sentence of seven to twenty years in prison. Warner alleged ineffective assistance of plea counsel and an involuntary plea, but PCRA counsel filed a no-merit letter under Turner/Finley and sought to withdraw. The PCRA court dismissed the petition, yet Warner's pro se notice of appeal was filed late. The Superior Court excused the procedural defect, finding it resulted from a breakdown in court operations and deprivation of appellate counsel rights, as the orders did not clearly advise Warner of his right to appointed appellate counsel or confirm representation during the appeal period. The court remanded for the PCRA court to advise Warner of his appellate rights and determine whether he wants new counsel to pursue the PCRA claims or withdraw.
criminal lawprocedure