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  • Commonwealth v. Sperber

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1901

    Motion to suppress evidence from warrantless search properly denied where parole officers had reasonable suspicion to search parolees person and vehicle due to corroborated tip that parolee possessed an internet-capable smartphone in violation of his parole, and where parolee expressly consented to search. Judgment of sentence affirmed.

  • Commonwealth v. Felder

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1897

    The trial court properly convicted defendant of contempt for violating a protection from abuse order where the evidence supported a finding that his intentional actions in twisting his wifes fingers to the point of injury rose to the level of abuse. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Akhmedov

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1896

    While defendant demonstrated recklessness in driving at an excessive rate during a drag race, there was no evidence of the sustained, purposeful recklessness necessary to prove a knowing and conscious disregard that death or serious bodily injury was reasonably certain to occur necessary to support his four convictions for murder in the third degree. The appellate court reversed defendants convictions in part.

  • Commonwealth v. Pennix

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1898

    The record did not support defendants conviction for disorderly conduct based on her angry use of the f-word or her conviction for possession of a dangerous weapon in a court facility, as her pocketknife did not constitute a dangerous weapon for purposes of 18 Pa.C.S. §913(a)(1). The appellate court vacated defendants judgment of sentence.

  • Commonwealth v. Santos

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1899

    The trial court erred in prohibiting the commonwealth from calling a police officer to testify at trial as a remedy for the commonwealths purported discovery violation where the requested material was not mandatory discovery under Pa.R.Crim.P. 573(B)(1)(a). The court reversed the trial courts discovery sanction order and remanded.

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  • Russo v. Polidoro

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1913

    Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.

  • Commonwealth v. Torres

    Publication Date: 2018-01-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1903

    Suppression of warrantless blood draw results properly granted where drivers consent was obtained after being given warning of enhanced criminal penalties in event of refusal to consent. Order of the trial court affirmed.

  • Commonwealth v. Tejada

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1902

    Trial courts removal of pro se defendant and conducting of a trial in absentia constituted non-frivolous appellate issue due to the denial of any representation of defendants interests at trial. Counsels motion to withdraw denied.

  • Commonwealth v. Williams

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1904

    Evidence that defendant fired a gun at a vital organ of the victim was sufficient evidence for the jury to infer defendants intent to kill and malice for first-degree murder and aggravated assault convictions. Judgment of sentence affirmed.

  • In re Estate of Caruso

    Publication Date: 2018-01-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1909

    Trial court erred in relying on the dead mans act to grant summary judgment in favor of executrix in appellants action seeking specific performance of a partnership agreement and a declaration that a purported merger of the partnership into a LLC was null and void because appellant produced sufficient evidence in the form of documents to raise a genuine issue of material fact as to whether the partnership continued and the validity of the merger did not hinge on appellants ability to testify. Reversed.