Filter This View

  • S.W. v. S.F.

    Publication Date: 2018-10-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1178

    The trial court properly conducted an ex parte proceeding pursuant to 23 Pa.C.S.§6107(b)(1) where a minor child's father petitioned for a temporary protection from abuse order alleging immediate and present danger of abuse to his minor daughter from the child's mother. The appellate court affirmed an order granting a protection from abuse order.

  • Commonwealth v. Smith

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0918

    PCRA petition properly dismissed where defendant failed to demonstrate due diligence in support of governmental interference and newly-discovered evidence exceptions to the PCRA time bar and where habeas claim was waived for failure to raise it at sentencing. Order of the PCRA court affirmed.

  • Commonwealth v. Rouse

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0792

    Void-for-vagueness due process challenge could be raised in a habeas corpus petition and was not an illegal sentence challenge cognizable under the PCRA, but failure to raise the claim at or after sentence rendered it waived. Order of the trial court affirmed.

  • State Farm Automobile Ins. Co. v. Dooner

    Publication Date: 2018-06-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0765

    Trial court properly granted summary judgment in favor of passenger's automobile insurer where passenger grabbed steering wheel from driver and caused the car to wreck because passenger's act of grabbing the steering wheel did not constitute possession of the vehicle and if it did, the possession was not lawful. Affirmed.

  • Commonwealth v. Weber

    Publication Date: 2018-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0759

    Trial court erred in precluding evidence of statutory personal safety defense to eluding charges by analyzing weight or credibility of defendant's prima facie evidence. Judgment of sentence vacated, case remanded for new trial.

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Kretchmar

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0707

    PCRA petition was untimely where petitioner could not invoke retroactive constitutional rule exception as cited case merely constituted statutory construction rather than citation of constitutional rule or rule of criminal procedure. Order of the PCRA court affirmed.

  • Commonwealth v. Bebout

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0603

    Defendant failed to meet his burden of demonstrating that the trial court sentenced him to a de facto life without parole sentence for crimes committed when he was just a juvenile given the meaningful opportunity for his release from prison at age 60. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Gorman

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0416

    The evidence was sufficient to support defendants conviction on charges of theft by unlawful taking in violation of 18 Pa.C.S. §3921(a) and related offenses where he spent a funeral honor guards money on personal items such as furniture and country club memberships. The appellate court affirmed a trial court order denying defendant relief.

  • Commonwealth v. Kitchen

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0322

    False ID conviction erroneous where defendant not told by police officers that she was the subject of an official investigation of a violation of the law. Judgment of sentence reversed in part and affirmed in all other parts.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0252

    Single victims testimony was sufficient, uncorroborated, to find each element of the offenses of robbery and conspiracy beyond a reasonable doubt. Judgment of sentence affirmed.