Com. v. Johnson

26 Citing cases

  1. Commonwealth v. Doughlas

    No. J-S90023-16 (Pa. Super. Ct. Dec. 5, 2016)

    We review a conviction based on circumstantial evidence under the same standard as one based on direct evidence, that is, a decision by the trial court will be affirmed "so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt." Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003). Instantly, Officer Visco testified to initiating a traffic stop and encountering Appellant in the City of Philadelphia.

  2. Pugh v. Overmyer

    CIVIL ACTION NO. 3:15-CV-0364 (M.D. Pa. Aug. 28, 2017)   Cited 1 times

    Further, the Superior Court has "held that circumstantial evidence is reviewed by the same standard as direct evidence-that is that a decision by the trial court will be affirmed 'so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt.'" Walker, 874 A.2d at 678 (quoting Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. Ct. 2003)).

  3. Clay v. Fisher

    Civil Action No. 14 - 736 (W.D. Pa. Jul. 1, 2016)

    In adjudicating this claim, the Superior Court applied the Pennsylvania equivalent of the Jackson v. Virginia standard. See Resp't Ex. 24, ECF No. 12-7 at p.11 (citing Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003)). See alsoEvans v. Court of Common Pleas, Delaware County, 959 F.2d 1227, 1233 (3d Cir. 1992) (the test for insufficiency of the evidence is the same under both Pennsylvania and federal law).

  4. Commonwealth v. Harmony

    1378 MDA 2020 (Pa. Super. Ct. Aug. 2, 2021)

    Moreover, we review circumstantial evidence under the same standard as direct evidence, i.e., that a decision by the trial court will be affirmed "so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt." Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003) (citations omitted). Commonwealth v. Smith, 146 A.3d 257, 263 (Pa. Super. 2016).

  5. Commonwealth v. Dent

    1248 WDA 2020 (Pa. Super. Ct. Jul. 13, 2021)

    A trial court's decision on the legal sufficiency of evidence of constructive possession will be upheld "so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt." Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003)(citations omitted). When the sufficiency of evidence is challenged on appeal, the evidence must be viewed in the light most favorable to the Commonwealth.

  6. Commonwealth v. Griffin

    No. 1083 MDA 2018 (Pa. Super. Ct. Apr. 30, 2019)

    Significantly, "circumstantial evidence may be used to establish constructive possession of the [contraband]." Commonwealth v. Johnson, 26 A.3d 1078, 1094 (Pa. 2011); see also Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003) (noting that circumstantial evidence is reviewed by the same standard as direct evidence). However, a defendant's mere presence at the scene does not establish constructive possession of contraband.

  7. Commonwealth v. Lloyd

    No. J-S68003-18 (Pa. Super. Ct. Feb. 11, 2019)

    Moreover, we have held that circumstantial evidence is reviewed by the same standard as direct evidence and a decision by the trial court will be affirmed "so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt." Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003) (citations omitted). The trial court addressed Appellant's challenge to the sufficiency of the evidence as follows:

  8. Commonwealth v. Delgado

    No. 3514 EDA 2017 (Pa. Super. Ct. Jan. 2, 2019)

    Further, we have held that circumstantial evidence is reviewed by the same standard as direct evidence, and a decision by the trial court will be affirmed "so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt." Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa. Super. 2003) (citations omitted). While mere presence of contraband is insufficient to establish constructive possession, this Court has held that constructive possession can be found where a defendant, who lived in the house, had both access and control of the area where the contraband was found.

  9. Commonwealth v. Palmer

    2018 Pa. Super. 185 (Pa. Super. Ct. 2018)   Cited 88 times
    Noting that the Commonwealth may sustain its burden of proving every element of the crime using wholly circumstantial evidence

    "When two equally reasonable and mutually inconsistent inferences can be drawn from the same set of circumstances, a jury must not be permitted to guess which inference it will adopt, especially when one of the two guesses may result in depriving a defendant of his life or his liberty." Commonwealth v. Hubbard , 472 Pa. 259, 372 A.2d 687, 692 (1977) (quoting Commonwealth v. Woong Knee New , 354 Pa. 188, 47 A.2d 450, 468 (1946) ); Commonwealth v. Johnson , 818 A.2d 514 (Pa.Super. 2003) (reversing judgment of sentence where "two opposing and mutually inconsistent inferences could be drawn from the facts presented herein").Appellant presented this argument in his concise statement.

  10. Commonwealth v. Thornton

    No. 1770 WDA 2016 (Pa. Super. Ct. May. 21, 2018)

    "[W]e have held that circumstantial evidence is reviewed by the same standard as direct evidence—that is, that a decision by the trial court will be affirmed 'so long as the combination of the evidence links the accused to the crime beyond a reasonable doubt.'" Commonwealth v. Johnson, 818 A.2d 514, 516 (Pa.Super. 2003) (citations omitted). Appellant's admission, combined with the observations made by Officer Meals of the contraband being discarded, links him to those items beyond a reasonable doubt.