OPINION BY COLVILLE, J.: The Commonwealth appeals the order granting Duane Frey's request for discovery in connection with his petition filed under the Post Conviction Relief Act ("PCRA"). We affirm the order. Facts On May 25, 2002, Hopethan Johnson bought a motorcycle. At some point, he left the motorcycle in a garage belonging to a man named Stacey Farmer. On May 26, 2002, at roughly 10:30 a.m., Johnson left a certain residence in order to meet friends. He did not reach the meeting place....
OPINION BY STEVENS, P.J.: This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Chester County following Appellant's conviction by a jury on the charges of first-degree murder, 18 Pa.C.S.A. 2502(a), and possessing instruments of crime, 18 Pa.C.S.A. 907(a). Appellant contends (1) the trial court erred in denying Appellant's motion to dismiss on the basis the Commonwealth met its burden of proving it did not "use or derivatively use" Appellant's immunized...
OPINION BY ALLEN, J.: D.Y. ("Appellant") appeals from the dispositional order entered after he was adjudicated delinquent on charges of burglary, criminal trespass, theft by unlawful taking, receiving stolen property and criminal mischief. 1 We affirm. On April 1, 2009, an adjudicatory hearing convened, during which Appellant and the Commonwealth stipulated to the following facts. Between 6:00 and 7:00 p.m. on October 10, 2008, Rasheedah Francis returned to the home she shared with her...
OPINION BY BOWES, J.: Nafis Stokes appeals from the judgment of sentence of sixteen to thirty-two years incarceration imposed by the trial court after his convictions for conspiracy to commit murder, aggravated assault, 1 conspiracy to commit aggravated assault, recklessly endangering another person ("REAP"), possession of an instrument of crime ("PIC"), possession of a controlled substance (marijuana), and persons not to possess a firearm. After careful review, we affirm. The pertinent...
OPINION BY STEVENS, P.J.: Appellants, State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company, file this interlocutory appeal from the order entered in the Delaware County Court of Common Pleas, which denied Appellants' post-trial motion for relief. On appeal, Appellants challenge the court's decision to find in favor of Appellees, Robert J. Cavoto, Jr., Fishbone Advertising, Inc., Cavoto Chiropractors, P.C., Margaret Fisher-Catrambone, Penn Center Pain...
OPINION BY BOWES, J.: Jesse Wade appeals from the judgment of sentence of ten to twenty years incarceration to be followed by two years probation imposed by the trial court after his convictions for robbery-threat of serious bodily injury, robbery of a motor vehicle, fleeing and eluding police, terroristic threats, and two counts each of possessing an instrument of crime ("PIC") and recklessly endangering another person ("REAP"). We affirm. The trial court set forth the pertinent facts as...
OPINION BY FREEDBERG, J.: The Commonwealth appeals 1 from the order entered on August 4, 2010, as amended by the Order of September 3, 2010, in the Court of Common Pleas of Allegheny County granting Appellee's motion to suppress Blood Alcohol Content ("BAC") test results. We reverse and remand. On June 20, 2009, South Fayette Police Department Police Officer Jeffrey Sgro responded to a single-car accident. When he arrived at the scene, Sgro observed a single car resting on its passenger side...
OPINION BY FORD ELLIOTT, P.J.E. Michael Molina appeals nunc pro tunc from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following his conviction for murder in the third degree and unlawful restraint. Herein, we are asked to determine whether the Commonwealth may urge the jury to use a non-testifying defendant's pre-arrest, pre- Miranda 1 silence as substantive evidence of his guilt. For the following reasons, we conclude it cannot as such an inference is...
OPINION BY FREEDBERG, J.: The Commonwealth appeals 1 from the order entered on March 11, 2010, and docketed on April 14, 2010, by the Court of Common Pleas of Philadelphia County, which granted the motion to preclude the juvenile sexual assault victims from testifying filed by Appellee Jose Pena. We reverse in part, vacate in part, and remand. Minor victims X.R., age fourteen, and A.R., age fifteen, accused the Appellee of repeatedly sexually assaulting them in August 2007. At the time, the...
OPINION BY SHOGAN, J.: Appellant, Andre Phillips, appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. 9541-9546. We affirm. The trial court summarized the facts of this case as follows: On July 19, 2005 Complainant Hyung Tyler Kang was returning to his home near 47th and Pine Streets, Philadelphia, PA when he was approached by an unknown male riding a bicycle who stopped and asked Kang for directions. N.T. 5/12/...
OPINION BY STEVENS, P.J.: This is an appeal from the judgment of sentence entered in the Court of Common Pleas of York County following Appellant's conviction by a jury on the charges of possession with the intent to deliver a controlled substance, possession of a controlled substance, and possession of drug paraphernalia. 1 Appellant contends (1) the suppression court erred in denying Appellant's motion to suppress and (2) the trial judge's questioning of the sole defense witness was...
OPINION BY MUNDY, J.: Appellants, Margaret Howard and Robert Howard, co-executors of the estate of John C. Ravert (Ravert), deceased, and plaintiffs in the underlying asbestos mass tort litigation, appeal from the judgment entered October 5, 2010, in favor of defendants/Appellees, A.W. Chesterton Co. (Chesterton), ACE Hardware Corp. (ACE), Monsey Products Corp. (Monsey), Pecora Corporation (Pecora), and Union Carbide Corporation (Union Carbide). Judgment, relative to Appellees, was entered...
OPINION BY STRASSBURGER, J.: Jeremy R. Kendricks, Appellant, appeals from the judgment of sentence following his conviction of murder in the third degree. 1 We affirm. On September 20, 2008, Appellant was arrested and charged with criminal homicide for his involvement in the shooting death of Kirk Lipscomb (victim) at the Bull Run Tavern in Plymouth Borough, Luzerne County. Appellant filed pre-trial motions which were heard on April 6 and 8, 2010. On April 16, 2010, the trial court issued...
OPINION BY BOWES, J.: The Commonwealth appeals from the judgment of sentence of eleven and one-half to twenty-three months imprisonment followed by five years probation that was imposed after Appellee pled guilty to two counts of aggravated assault and one count of possession of an instrument of crime. We vacate the sentence and remand for re-sentencing. On June 29, 2010, Appellee entered an open plea of no contest to two counts of aggravated assault graded as first-degree felonies and...
OPINION BY LAZARUS, J.: Curtis Brinson appeals from his judgment of sentence entered on June 16, 2009 in the Court of Common Pleas of Philadelphia County after a jury found him guilty of first-degree murder and possessing instruments of crime ("PIC"). 1 After careful review, we affirm. On April 13, 1985, Brinson shot and killed Arthur Johnson in the men's room of a Philadelphia nightclub. He was tried and convicted by a jury of first-degree murder and PIC in 1986. After this Court affirmed...
OPINION BY MUSMANNO, J.: Lionel Widgins ("Widgins") appeals from the Order denying his Petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA"). 1 Widgins's counsel has filed an Application to withdraw from representation and an "Anders Brief." 2 We affirm. The PCRA court summarized the history underlying the instant appeal as follows: On April 4, 2007, following a non-jury trial, [Widgins] was convicted of possessing a controlled substance with intent to deliver. [...
OPINION BY COLVILLE, J.: This case is an appeal from the order of the Philadelphia County Court of Common Pleas denying Appellant's petition for writ of certiorari in which he argued that the Philadelphia Municipal Court erred in denying his suppression motion. We reverse and remand. The standard for reviewing a challenge to the denial of a suppression motion involves the following considerations: "whether the factual findings are supported by the record and whether the legal conclusions...
OPINION BY GANTMAN, J.: Appellants, William H. Pritchard and Craig L. Pritchard, heirs to the estate of Charles Powers, appeal from the order entered in the Susquehanna County Court of Common Pleas, sustaining the preliminary objections of Appellees, John E. Butler and Mary Josephine Butler, and dismissing Appellants' request for declaratory judgment. For the following reasons, we reverse and remand for further proceedings. The relevant facts and procedural history of this case are as...
OPINION BY BOWES, J.: Appellants herein are various Philadelphia-area hospitals contesting the orphans' court's determination that Appellee, the Philadelphia Health & Education Corporation ("PHEC"), is the appropriate cy pres beneficiary of a trust created under the last will and testament of George W. Elkins. We affirm. This matter enjoys a complex procedural background, which we must outline to promote a better understanding of the issues presented on appeal. George W. Elkins died testate...
OPINION BY STRASSBURGER, J. Ricky L. Allshouse, Appellant, appeals from the order revoking his probation and resentencing him. He asserts that the Clearfield County trial court erred in determining that his probation commenced upon his release from state incarceration. We affirm. On June 11, 2004, Appellant was involved in a physical altercation with officers from the Sandy Township, Clearfield County, Pennsylvania Police Department. Appellant subsequently pled guilty to one count of...
