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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.

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  • Commonwealth v. McGarry

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1608

    The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.

  • Mark Hershey Farms, Inc. v. Robinson

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure | Corporate Entities | Trusts and Estates
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1566

    Trial court erred in finding appellant beneficiary and executor of estate personally liable for bill for animal feed delivered to farm business owned by estate because there was no legal theory to justify extending piercing the corporate veil.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2017-10-10
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1440

    Trial court correctly found that insurer owed no duty to defend car driver because automobile insurance policy contained an unlisted resident driver exclusion and driver was policyholders live-in girlfriend, was not related to him.