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  • Commonwealth v. Seeney

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1236 EDA 2023

    A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.

  • Commonwealth v. Vance

    Publication Date: 2024-05-31
    Practice Area: Evidence
    Industry: E-Commerce | State and Local Government | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2886 EDA 2022

    Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.

  • Washabaugh v. Gaudenzia, Inc.

    Publication Date: 2024-05-31
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1363 MDA 2023

    The court affirmed the order granting appellee's motion for judgment on the pleadings in a wrongful termination case on the grounds that appellant's claim was subject to a two-year statute of limitations under 42 Pa. C.S.A. §5501(7).

  • Commonwealth v. Fitzpatrick

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 554 MDA 2023

    Commonwealth appealed from the trial court's order denying its request to present certain evidence in appellee's trial on charges that he murdered his wife. The court reversed in part, holding that the trial court erred in precluding appellant's admission of probative accident reconstruction evidence and competent expert witness evidence regarding the victim's manner of death by drowning.

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  • Steinbeiser v. Wertz

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 823 WDA 2023

    Appellants waived defense that statute precluded appellees from obtaining relief by not raising the statute in an answer and new matter. Judgment of the trial court affirmed.

  • In re: M.A.C.

    Publication Date: 2024-05-24
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 373 WDA 2023

    Appellant challenged the trial court's order denying his petition to expunge his involuntary mental health commitment under the Mental Health Procedures Act. The court affirmed, holding that the evidence was sufficient to support appellant's commitment where a responding police officer opined that appellant was a clear and present danger to others, but the evidence available to an examining physician indicated appellant required commitment for medical evaluation and treatment because he was a clear and present danger to himself.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.

  • Commonwealth v. Dourlain

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1005 WDA 2023

    Trial court erred in finding Ohio's physical control of a vehicle while under the influence statute was substantially similar to Pennsylvania's DUI statute for purposes of grading a subsequent offense where Ohio's statute proscribed conduct not covered by Pennsylvania's DUI law. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Alceus

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 534 MDA 2023

    Trial counsel was ineffective in failing to call character witnesses in a he said/she said case where identity and credibility were central issues.