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  • Commonwealth v. Olson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0185

    The appellate court refused to apply Birchfield v. North Dakota retroactively to invalidate defendants judgment of sentence in this case involving enhanced penalties for his refusal to consent to a blood draw, as it found that the resulting change in Pennsylvania law was procedural. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Felder

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1897

    The trial court properly convicted defendant of contempt for violating a protection from abuse order where the evidence supported a finding that his intentional actions in twisting his wifes fingers to the point of injury rose to the level of abuse. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Santos

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1899

    The trial court erred in prohibiting the commonwealth from calling a police officer to testify at trial as a remedy for the commonwealths purported discovery violation where the requested material was not mandatory discovery under Pa.R.Crim.P. 573(B)(1)(a). The court reversed the trial courts discovery sanction order and remanded.

  • Russo v. Polidoro

    Publication Date: 2018-01-09
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1913

    Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.

  • Commonwealth v. Torres

    Publication Date: 2018-01-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1903

    Suppression of warrantless blood draw results properly granted where drivers consent was obtained after being given warning of enhanced criminal penalties in event of refusal to consent. Order of the trial court affirmed.

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  • Commonwealth v. Maguire

    Publication Date: 2017-11-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1109

    The trial court erred in suppressing evidence of defendants consumption of alcohol since the Tarbert/Blouse guidelines did not apply to the warrantless inspection of defendants commercial vehicle, which inspection satisfied the requirements of New York v. Burger. The court reversed an order granting defendants motion to suppress.

  • Commonwealth v. Andrews

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1700

    Defendant, a sex offender, had until midnight on the third business day after he changed his address to register with state police to comply with the requirements of Pennsylvanias Sex Offender Registration and Notification Act, at 42 Pa.C.S. §9799.15(g). The appellate court reversed defendants conviction and vacated his sentence.

  • In Re R.L.

    Publication Date: 2017-11-14
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1688

    Trial court erred in accepting fathers oral revocation of his consent to adoption and relinquishment of parental rights because fathers oral revocation occurred 72 days after he executed his petition and 23 Pa.C.S.§2711(c) was unambiguous that consent to adoption was irrevocable after 30 days. Order vacated.

  • Commonwealth v. Jones

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1676

    While the statute prohibiting possession of a firearm with an altered serial number does not specify the degree of culpability required to sustain a conviction, §302 of the Crimes Code required the prosecution to prove that defendant acted intentionally, knowingly or recklessly regarding the obliterated number and the commonwealth satisfied that burden. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Miller

    Publication Date: 2017-11-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1660

    Assault conviction affirmed despite assertion of self-defense, where defendants inculpatory statements regarding his motives for the assault were sufficient evidence for jury to conclude that defendant was the aggressor in the assault. Judgment of sentence affirmed, application for remand granted.