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  • In the Interest of: E.L.W.

    Publication Date: 2022-05-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0481

    Trial court erred in adjudicating juvenile delinquent for terroristic threats where court expressly found that juvenile had not appreciated or considered the risks of their social media post proposing looting a retail store, as the terroristic threats statute required an offender to consciously disregard the risks of their threat. Order of the trial court vacated.

  • In re Private Criminal Complaint

    Publication Date: 2022-03-14
    Practice Area: Criminal Law
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0278

    Trial court erred in dismissing animal protection organization's petition for review of the disapproval of its private criminal complaints because organization presented sufficient evidence to show a prima facie case of animal neglect, cruelty and aggravated cruelty with respect to incidents of improper movement of downer cows, excessive shocking, tail pulling and calf dehorning. Reversed in part.

  • Estate of Chennisi

    Publication Date: 2022-03-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0243

    Orphans' court erred in holding decedent's September 11th Victim's Compensation Fund award was not made pursuant to the Air Transportation Safety and System Stabilization Act but correctly held that the award was an asset of decedent's estate, subject to administration by the executor. Affirmed in part and reversed in part.

  • Commonwealth v. May

    Publication Date: 2022-02-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0224

    Trial court did not impose illegal sentence that included a fine without first conducting an ability-to-pay hearing, since such hearings were not required for statutorily-mandated fines where the defendant was not facing incarceration for failing to pay the fine. Judgment of sentence affirmed.

  • In the Interest of: A.J.R.O.

    Publication Date: 2022-02-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0194

    Decree involuntarily terminating parental rights sua sponte vacated where trial court failed to determine whether guardian ad litem had conflict of interest in also serving as child's legal counsel. Decree vacated, case remanded.

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  • Commonwealth v. Krista

    Publication Date: 2022-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0198

    Isolated incident of prosecutorial misconduct during argument did not rise to the level of reckless or intentional conduct that would warrant barring retrial on double jeopardy grounds.

  • Commonwealth v. Santiago

    Publication Date: 2022-02-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0142

    The court held that an officer could not effectuate a withdrawal of charges at a defendant's preliminary hearing without being the Commonwealth's designee and the magistrate judge did not have subject matter jurisdiction when she accepted defendant's guilty plea to the reconstituted charges such that there was no double jeopardy when the Commonwealth re-filed the original charges. Lower court affirmed.

  • In the Interest of: I.M.S.

    Publication Date: 2022-01-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1519

    Trial court erred in summarily denying parent's petition to appeal nunc pro tunc where counsel's failure to timely file a requested appeal from termination of parental rights constituted per se ineffective assistance of counsel. Order of the trial court reversed, case remanded.

  • Ryan v. Ruize

    Publication Date: 2021-12-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1501

    Statements made to licensed clinical social worker during therapy session were admissible in PFA hearing where privilege applicable to those professionals only restricted testimony in divorce or child custody proceedings. Order of the trial court affirmed.

  • K.D. v. E.D.

    Publication Date: 2021-11-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1384

    Mother challenged grant of periods of supervised therapeutic custody of children to father and court found trial court engaged in a comprehensive best interest analysis and its analysis relative to whether father currently presented a threat of harm to children was careful, thorough and reasonable. Affirmed.