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  • Commonwealth v. Hart

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1114

    The trial court erred in denying defendants petition to withdraw his nolo contendere plea to invasion of privacy where defendant was not informed that he would be subject to the registration requirements of the Sexual Offender Registration Notification Act, now considered a punishment, and thus the plea was not knowing, intelligent and voluntary. The court reversed an order denying defendants petition to withdraw his plea.

  • Commonwealth v. Sales

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1702

    Defendant was erroneously convicted of driving while commercial operating privileges suspended, where commonwealth failed to prove that defendant had actual notice, under the standards of the licensing state, of the suspension of privileges. Judgment of sentence reversed.

  • Commonwealth v. Kunco

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Fitzgerald
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1704

    PCRA court properly ordered new DNA testing where prior DNA testing of other crime scene items excluded defendant as contributor to DNA and where other physical forensic evidence was now questionable. Order of the PCRA court affirmed.

  • In Re Jackson Charitable Trust

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1710

    Orphans court correctly required that trust distribute five percent of its assets in 2016, in action brought by corporate trustee asserting a deadlock between it and the individual trustees, but erred in adopting the corporate trustees list of donees. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Andrews

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1700

    Defendant, a sex offender, had until midnight on the third business day after he changed his address to register with state police to comply with the requirements of Pennsylvanias Sex Offender Registration and Notification Act, at 42 Pa.C.S. §9799.15(g). The appellate court reversed defendants conviction and vacated his sentence.

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  • In Re Estate of Wierzbicki

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1711

    Orphans court correctly denied appellants claim that decedents transfer of death designation for a bank account was invalid but went too far in finding that the account was a non-probate asset because the court never addressed appellants alternative undue influence claim. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Butler

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1701

    In this case of first impression, the court ruled that §9799.24(e)(3) of the Sexual Offender Registration and Notification Act violated the federal and state constitutions because it increased the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt. The court vacated an order finding defendant to be a sexually violent predator and remanded for notice under 42 Pa.C.S. §9799.23.

  • Commonwealth v. Tavarez

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1706

    Trial court erred in applying deadly weapon used sentencing enhancement to a burglary conviction, where the crime of burglary was completed when defendant entered a residence with the intent to commit a crime therein, and where defendant did not use the firearm he possessed to gain such entry. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Peralta

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1707

    Trial court did not have discretion to entertain defendants assertion of involuntariness in failure to appear at de novo appeal from conviction in Philadelphia Municipal Court, and did not abuse discretion in affirming judgment of sentence. Judgment of sentence affirmed.

  • Commonwealth v. Rotola

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1703

    Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.