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  • Commonwealth v. Orner

    Publication Date: 2021-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0516

    Trial counsel was ineffective in failing to call a witness who, though having certain discrepancies in their proposed testimony, would have offered testimony that went directly to negating the credibility of the complaining witness and thus would have greatly benefitted the defense. Order of the PCRA court affirmed.

  • Commonwealth v. Snyder

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0457

    Conviction for indecent assault affirmed where commonwealth consistently alleged range of dates when charged offense occurred, and where underlying circumstances did not warrant an inference that the victim's delayed disclosure was false or fabricated. Conviction affirmed, judgment of sentence affirmed in part and reversed in part, case remanded.

  • Povrzenich v. Ripepi

    Publication Date: 2021-04-05
    Practice Area: Medical Malpractice
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0371

    Plaintiff moved for a new trial on damages and court found trial court abused its discretion in precluding certified life care planner from testifying in plaintiff's medical malpractice action because planner had sufficient specialized knowledge and experience to offer expert opinion regarding future medical expenses associated with post-kidney transplant care and trial court erred in assessing delay damages. Affirmed in part, vacated in part.

  • Commonwealth v. Solomon

    Publication Date: 2021-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0327

    The trial court did not err in entering a restitution order that provided compensation for a loss the victim would not have sustained but for defendant's actions in an amount representing the acquisition cost for the stolen coin collection rather than the market value at the time of the crime. The superior court affirmed.

  • Commonwealth v. Carter

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0243

    The superior court lacked jurisdiction to consider the merits of defendant's claim that the trial court erred in denying his request for bail pending sentencing and appeal where he had filed a notice of appeal rather than a petition for specialized review under chapter 16 of the Rules of Appellate Procedure. The superior court quashed defendant's appeal.

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  • Commonwealth v. Lambert

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0000

    The trial court did not err in granting defendant's petition for writ of habeas corpus and dismissing all charges where the commonwealth failed to put forth any evidence at the habeas corpus proceeding despite the fact that there was no record of the preliminary hearing resulting in the charges being held over for court. The superior court affirmed.

  • Adams v. Rising Sun Med. Ctr.

    Publication Date: 2021-01-11
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0002

    The trial court committed reversible error in precluding plaintiff from offering evidence of decedent's statements to medical personnel about her symptoms and family medical history, as such testimony was admissible under the medical treatment hearsay exception in Pa.R.Evid. 803(4), which does not require testimony from a health care provider. The superior court granted plaintiff a new trial.

  • Acme Markets, Inc. v. Seltzer

    Publication Date: 2020-12-28
    Practice Area: Personal Injury
    Industry: Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1405

    The trial court did not err in finding that the plaintiff store was the rightful owner of a lottery ticket where defendant, a store employee, acted surreptitiously in locating and purchasing the ticket, which was printed by mistake, only after learning that the ticket was a winner worth over $4 million. The appellate court affirmed.

  • Commonwealth v. Mojica

    Publication Date: 2020-12-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1345

    Criminal defendant's mere allegation that he requested filing of a direct appeal was not enough to warrant PCRA relief where trial counsel credibly testified that defendant had made no such request. Order of the PCRA court affirmed.

  • Hanrahan v. Ketch

    Publication Date: 2020-11-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1296

    Trial court erred in refusing to exercise its concurrent jurisdiction under 28 U.S.C. §1334 to grant husband's motion for special relief and to order wife to pay husband the debt she owed under the property settlement agreement because Bankruptcy Abuse Prevention and Consumer Protection Act made wife's debt to husband under the PSA automatically excepted from discharge and trial court had concurrent jurisdiction to acknowledge the surviving debt and enforce the obligation. Order reversed.