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  • Commonwealth v. Held

    Publication Date: 2020-07-20
    Practice Area: Constitutional Law | Criminal Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0765

    Delaying disclosure of jurors' names following mistrial until pending charges were resolved by verdict or dismissal constituted sufficiently narrowly-tailored burden on First Amendment rights of public access to criminal trials in light of concerns about maintaining a fair trial for defendant on retrial. Order of the trial court affirmed.

  • D'Amelia v. Toll Bros., Inc.

    Publication Date: 2020-07-20
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0766

    Trial court properly affirmed arbitration award where there was no evidence to support allegation that arbitrator inappropriately applied arbitration rules to deny defendant a fair hearing. Order of the trial court affirmed.

  • In re J.C.

    Publication Date: 2020-06-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0557

    Appellant challenged his involuntary commitment under act 21 and court noted supreme court had held that act 21 was not punitive and found evidence was sufficient to show appellant had a mental abnormality or personality disorder that caused him to have serious difficulty controlling sexually violent behavior and established the elements necessary to involuntarily commit him under act 21. Affirmed.

  • In re P.M.

    Publication Date: 2020-03-23
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0322

    Trial court properly denied appellant's petition to expunge his §302 commitment on statute of limitations grounds because an expungement petition filed under 18 Pa.C.S. §6111.1(g)(2) was a civil action subject to a six-year statute of limitations. Affirmed.

  • Commonwealth v. Edwards

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0187

    The trial court erred in finding defendant guilty on four counts of criminal mischief arising from his conduct in driving at a high rate of speed without regard for the consequences and colliding with multiple parked cars since damaging a car as a result of a collision does not constitute "tampering" under 18 Pa.C.S. §3304(a)(2). The superior court reversed defendant's judgment of sentence in part.

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  • Commonwealth v. Powell

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0155

    The trial court did not err in finding, based on the totality of the circumstances, that defendant was subjected to an investigative detention while sitting in his parked car when a police officer who was accompanied by a sheriff's deputy ordered him to lower his window. The superior court affirmed a suppression order.

  • Commonwealth v. Cole

    Publication Date: 2020-02-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0125

    Where the commonwealth's key witness against defendant admitted that she had been convicted of retail theft and was incarcerated for violating her probation, defendant raised an arguably meritorious claim that trial counsel acted ineffectively by not requesting that the court instruct the jury regarding the witness's crimen falsi convictions. The superior court vacated the judgment of sentence and remanded.

  • Commonwealth v. Christman

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0002

    The sentencing court abused its discretion in applying an 18-month sentencing guideline enhancement to the charges of sexual abuse of children-possession of child pornography by aggregating all images pertaining to 11 separate counts of sexual abuse of children onto each single count. The appellate court vacated the judgment of sentence and remanded.

  • Commonwealth v. Cosby

    Publication Date: 2019-12-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1480

    The trial court did not err in allowing evidence of defendant William Cosby's prior bad acts where such evidence offered by five woman established defendant's unique sexual assault playbook and that his assault of the victim in this case followed a predictable pattern. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Palchanes

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1435

    The evidence of record supported defendant's conviction for obstructing the administration of law or other governmental function where he refused to submit to a blood draw despite being served with a valid search warrant secured by police. The appellate court affirmed defendant's judgment of sentence.