Attorney David Everett Cook's Legal Cases

Child abuse

Commonwealth v. Meals

Dec 27, 2006

OUTCOME: Supreme Court reversed the Superior Court decision

Appeal from the Order of the Superior Court entered on January 26, 2004, at No. 549 MDA 2002, reversing the Judgment of Sentence, in regard to the sexually violent predator determination (otherwise jud ... gment of sentence affirmed), of the Court of Common Pleas of York County. "The issue on appeal is the proper role of an appellate court in reviewing a sentencing court's classification of a criminal offender as a sexually violent predator ("SVP") under Megan's Law II. n1 We find that the Superior Court erred in reweighing the SVP evidence presented to the trial court, rather than simply assessing the legal sufficiency of the proof respecting SVP status accepted by the trial court, and further erred in requiring greater proof than is required by the statute. Accordingly, we reverse the order below and reinstate the trial court's SVP determination." 590 Pa. 110, 912 A.2d 213 (2006)

Litigation

Commonwealth v. Schoff

Nov 02, 2006

OUTCOME: Superior Court affirmed Defendant's conviction

"Appellant, Suzanne Schoff, appeals from the judgment of sentence entered in the York County Court of Common Pleas, following her jury trial conviction of first-degree murder n1 and criminal conspiracy ... to commit first-degree murder n2 of her ex-husband, Frank L. Schoff III. Appellant asks this Court to determine whether the trial court erred in admitting the testimony of a Department of Social Services social worker, relating to DSS records of three child-abuse investigations initiated by Appellant against her ex-husband. Appellant also asks whether the trial court had an affirmative duty to give a cautionary instruction to the jury regarding the use of a voice stress analyzer during the abuse investigations. Finally, Appellant challenges the sufficiency of the Commonwealth's evidence to convict her of criminal conspiracy in the murder of her ex-husband. We hold the social worker's testimony was properly admitted at trial; the court had no duty[***2] to give a cautionary jury instruction, absent a specific request from Appellant; and the Commonwealth's evidence was sufficient to sustain Appellant's conviction for criminal conspiracy. Accordingly, we affirm." Superior Court Opinion, 911 A.2d 147 (2006).

Criminal defense

Commonwealth v. Klein

Mar 20, 2001

OUTCOME: Reversal of the Superior Court Opinion

"The Order of the Superior Court quashing Appellant's appeal reversed. Remanded this matter to that court for consideration of the issues raised in that appeal, except for the issue that the trial cour ... t did not have jurisdiction to modify Appellant's sentence on June 30, 1999." Commonwealth v. Klein, 566 Pa. 396 (2001).

David Everett Cook's Legal Cases (3)

Commonwealth v. Meals

Commonwealth v. Schoff

Commonwealth v. Klein