• Commonwealth v. Miyares

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 574 WDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial convictions for two counts of harassment. The court affirmed, holding that appellant's convictions were supported by sufficient evidence where appellant repeatedly directed a raised middle finger toward apartment neighbors' security camera, including one instance in which appellant shouted the term "gay bitch" as a personal, abusive epithet.

  • Commonwealth v. Carter

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 432 WDA 2023

    Commonwealth appealed the trial court's order granting defendant's motion in limine to preclude "other bad acts" evidence from being introduced in defendant's criminal homicide trial. The court affirmed in part and reversed in part, holding that the trial court did not err in excluding evidence showing that defendant shot a witness to his crime while they were both in another state, but that the trial court did err in excluding evidence that defendant fled to that state after committing his alleged Pennsylvania crime.

  • Gross v. Mintz

    Publication Date: 2024-08-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1735 EDA 2023

    Trial court correctly dismissed protection from abuse petition based on evidence of alleged child abuse that had been litigated in a prior PFA petition and deemed unfounded by the court and law enforcement/child protection agencies. Order of the trial court affirmed.

  • Commonwealth v. Boyd

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2863 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial conviction for indecent exposure and open lewdness. The court affirmed, holding that a complainant's trial testimony regarding appellant's conduct in exposing himself and masturbating on a public train was more than sufficient evidence to sustain appellant's convictions.

  • Commonwealth v. Smith

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 593 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury conviction for driving under the influence in violation of 75 Pa.C.S.A. § 3802(d(1)(i) and (iii). The court affirmed, holding that the challenged statutory sections did not violate appellant's constitutional rights to equal protection, substantive due process, or procedural due process as a user of medical marijuana.

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  • Commonwealth v. Prince

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1836 EDA 2023

    Commonwealth appealed the trial court's judgment of sentence ordering appellee to serve his incarceration for driving under the influence in county jail rather than a state correctional facility. The court vacated and remanded for resentencing, holding that the trial court had discretion to sentence appellee to county jail so that he could receive additional treatment despite an evaluator's recommendation of no treatment, but that the trial court failed to make the necessary factual findings to support that sentence.

  • Cedarbrook Plaza v. Schwartz

    Publication Date: 2024-08-09
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1437 EDA 2023

    Tenant appealed the trial court's order granting partial summary judgment in favor of landlord in a commercial lease dispute over unpaid rent and related charges. The court affirmed, holding that the mandatory closure of non-essential businesses for 77 days during the outset of the COVID-19 pandemic did not support the commercial tenant's assertion of the doctrine of frustration of purpose where the tenant afterward voluntarily elected not to return to the leased premises for the remainder of its lease term.

  • Odedeyi v. Wells Fargo Bank

    Publication Date: 2024-08-02
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1277 EDA 2023

    Trial court erred in denying prejudgment interest in conversion claim where bank accepted two-party check that contained a forged signature of one of the parties, which was ineffective to negotiate the check, and where interest could be reasonably calculated. Order of the trial court reversed, case remanded.

  • Estate of Walter Edmonds, deceased v. Zandieh

    Publication Date: 2024-08-02
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2500 EDA 2023

    The court reversed the decree of the orphans court denying appellant's petition seeking specific performance of an agreement for the sale of real estate with a beneficiary of an estate.

  • Estate of: J.L.C.

    Publication Date: 2024-08-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 502 EDA 2023

    Trial court erred in appointing GAL for an indefinite period in response to petition for appointment of guardian of the person and estate, without making a finding of incapacity. Order of the trial court vacated.