Wilson claim in Pennsylvania

2019See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008) (finding claim that an autopsy photograph was unduly prejudicial waived “[b]ecause the record does not contain the photograph appellant refers to, we cannot assess his description and claim”); Petroll, 696 A.2d at 836 (finding claim of improperly admitted photographs waived where they were not in the certified record).

2019See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008) (finding claim that an autopsy photograph was unduly prejudicial waived “[b]ecause the record does not contain the photograph appellant refers to, we cannot assess his description and claim”); Petroll, 696 A.2d at 836 (finding claim of improperly admitted photographs waived where they were not in the certified record).

2019See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008) (finding claim that an autopsy photograph was unduly prejudicial waived “[b]ecause the record does not contain the photograph appellant refers to, we cannot assess his description and claim”); Petroll, 696 A.2d at 836 (finding claim of improperly admitted photographs waived where they were not in the certified record).

2019See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008) (finding claim that an autopsy photograph was unduly prejudicial waived “[b]ecause the record does not contain the photograph appellant refers to, we cannot assess his description and claim”); Petroll, 696 A.2d at 836 (finding claim of improperly admitted photographs waived where they were not in the certified record).

2026See Commonwealth v. Salter, 290 A.3d 741, 748 (Pa. Super. 2023).

2025See Springer, 961 A.2d at 1264 ; Wah, 42 A.3d at 338 .

2024See Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa. Super. 2002) (“[T]he PCRA provides the sole means for obtaining collateral review, and … any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition”) (citation omitted); see also Commonwealth v. West, 938 A.2d 1034, 1043 (Pa. 2007) (stating the PCRA incorporates the remedy of habeas corpus if the Act offers the petitioner a remedy).

2024See Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa. Super. 2002) (“[T]he PCRA provides the sole means for obtaining collateral review, and … any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition”) (citation omitted); see also Commonwealth v. West, 938 A.2d 1034, 1043 (Pa. 2007) (stating the PCRA incorporates the remedy of habeas corpus if the Act offers the petitioner a remedy).

2022See Johnson, 985 A.2d at 924 .5 In his final claim, Wilson contends that counsel was ineffective for failing to cross-examine and impeach Bain during the preliminary hearing based upon several omissions and contradictions between his statements to the police and ____________________________________________ 4 Nonetheless, Wilson’s underlying ineffectiveness claim is without merit.

2022It is well-settled that “no Brady violation occurs where the parties had equal access to the information or if the defendant knew or could have uncovered such evidence with reasonable diligence.” Commonwealth v. Spotz, 896 A.2d 1191, 1248 (Pa. 2006) (citation omitted).

2022See Commonwealth v. Martz, 42 A.3d 1142, 1145 (Pa.Super. 2012).

2020See Commonwealth v. Houtz, 982 A.2d 537, 537 (Pa. Super. 2009) (stating that an appellant’s claim that a condition of probation is “unduly restrictive and/or incompatible with [his] freedom of conscience” is an appeal from the judgment of sentence that imposed said condition).

2020See Commonwealth v. Crump, 995 A.2d 1280, 1282 (Pa. Super. 2010) (stating that “[t]he imposition of a sentence of total confinement after the revocation of probation for a technical violation, and not a new criminal offense, implicates the fundamental norms which underlie the sentencing process.”).

2019See Underwood, supra. Accordingly, we reject Appellants’ first claim. ____________________________________________ 8 In Appellants’ reply brief, they contend that “[b]y rejecting Wilson’s claim that the Agreement was a partnership, the jury necessarily found that the Agreement was terminable at-will and denied Wilson any recovery for breach of contract.” Appellants’ Reply Brief at 6-7.

2018Herein, in granting Mrs. Wilson’s motion for a new trial, the trial court characterized defense counsel’s misconduct as so consequential that, “like a dash of ink in a can of milk, it cannot be strained out[.]” Trial Court Opinion, 10/31/16, at 31 (quoting Lobalzo v. Varoli, 185 A.2d 557, 561 (Pa. 1962) -6- J-A22008-17 (ordering a new trial as it was impossible to measure impact of erroneously admitted evidence of plaintiff’s receipt of workers’ and unemployment compensation and misleading jury charge on the verdict)).

2016Wilson points out that, in the trial court’s Opinion, it determined that Wilson’s claim lacks merit based upon the Pennsylvania Supreme Court’s Opinion in Commonwealth v. Stanley, 446 A.2d 583, 588 (Pa. 1982) (holding that the Commonwealth may use any proper evidence to prove its case, and it does not have to accept a defendant’s stipulations).

2011See Commonwealth v. Williams, 980 A.2d 667, 672 (Pa.Super.2009), appeal denied, 605 Pa. 700 , 990 A.2d 730 (2010). [7] 42 Pa.C.S.A. § 9754(b) (statutory provision permitting court to attach reasonable, specified conditions found in section 9754(c) to a probation order "as it deems necessary to insure or assist the defendant in leading a law-abiding life."). [8] 61 P.S. § 331.27b, which was repealed in October 2009, was in effect at the time that Alexander was sentenced on August 15, 2008.

2011See Commonwealth v. Williams, 980 A.2d 667, 672 (Pa.Super.2009), appeal denied, 605 Pa. 700 , 990 A.2d 730 (2010). [7] 42 Pa.C.S.A. § 9754(b) (statutory provision permitting court to attach reasonable, specified conditions found in section 9754(c) to a probation order "as it deems necessary to insure or assist the defendant in leading a law-abiding life."). [8] 61 P.S. § 331.27b, which was repealed in October 2009, was in effect at the time that Alexander was sentenced on August 15, 2008.