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Publication Date: 2019-05-27
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0628
Contrary to defendant's assertion, the trial court articulated its reasons for sentencing him to a prison term beyond the sentencing guidelines, including defendant's criminal assault of a five-week-old child while he was in a caregiver role and the extreme, life-altering injuries the child suffered as a result. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-05-06
Practice Area: Civil Procedure
Industry: Advertising | Real Estate
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0510
The appellate court declined to quash defendant's appeal as untimely, holding that a party is not required to appeal within 30 days from an order denying post-trial motions where that order disposes of both declaratory judgment and non-declaratory judgment claims. The appellate court affirmed the trial court's judgment.
Publication Date: 2019-04-29
Practice Area: Landlord Tenant Law
Industry: Food and Beverage
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0489
Trial court erred in refusing to open a confessed judgment in an action over a commercial lease in which landlord was given possession of the premises and accelerated rent because, under Pennsylvania law, landlord was limited to seeking actual monetary damages as of the date it took possession. Order reversed.
Publication Date: 2019-04-22
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0456
Involuntary termination of parental rights affirmed where trial court could admit statements setting forth older children's preferences for termination and where evidence supported finding that parent was unlikely to remedy conditions for removal. Orders of the trial court affirmed.
Publication Date: 2019-04-08
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0394
Trial court did not err in requiring physical contact between child and birth parent during post-adoption contact agreement visits where such interaction was implicitly contemplated by PACA as it was acceptable to the parties prior to the agreement and fostered agreement's goal of maintaining child's ongoing relationship with birth parent. Order of the trial court affirmed.
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Publication Date: 2019-04-01
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0358
Failure to file multiple notices of appeal from a judgment or order concerning multiple dockets, after case law was handed down requiring multiple notices of appeal, required quashal of a single notice of appeal from four dockets. Appeal quashed.
Publication Date: 2019-02-26
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0202
A criminal defendant could not be convicted of conspiracy to commit homicide where homicide was not an object of the defendant's burglary conspiracy and a conspiracy to commit homicide could not arise as a natural and probable consequence of another completely different conspiracy. Judgment of sentence reversed in part, case remanded.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0175
The trial court properly concluded that defendant's New York conviction for tampering with a witness was not substantially similar to the Pennsylvania crime of intimidation of a witness such that he was not subject to charges for possession of a firearm by persons prohibited under 18 Pa.C.S. §6105(a)(1). The appellate court affirmed an order dismissing charges.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0173
Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
Publication Date: 2019-02-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0173
Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.
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