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  • Commonwealth v. Shanholtz

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1791 EDA 2022

    Trial court could extend time for defendant to pay imposed court costs but lacked authority to waive costs due to defendant's indigent status. Order of the trial court affirmed.

  • Commonwealth v. Perzel

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 182 MDA 2021

    Court rejected Commonwealth's appeal of trial court's decision not to impose restitution in favor of the Commonwealth, where the appeal challenged the discretionary aspects of the sentence rather than the legality of the sentence and the Commonwealth failed to preserve their challenge at the sentencing hearing. Order of the trial court affirmed.

  • V.L.-P. v S.R.D.

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 477 MDA 2022

    Trial court erred in denying appellant's petition for genetic testing of child to show paternity and court found appellant put forth sufficient evidence of fraud by mother that he was entitled to genetic testing to prove child's paternity. Vacated and remanded in part.

  • Commonwealth v. Moroz

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 282 MDA 2021

    Case law holding that the statute equating acceptance to the Accelerated Rehabilitative Disposition program as a prior offense for second or subsequent DUI sentencing purposes was overruled where prior conviction was not a fact that needed to be proven to the factfinder beyond a reasonable doubt, and defendants were on notice that ARD was considered a prior offense upon voluntarily entering the program. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Richards

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1673 EDA 2020

    Court granted reargument en banc on the effect of acceptance of accelerated rehabilitative disposition on a prior DUI conviction and held the portion of 75 Pa.C.S. §3806(a) that equated prior acceptance of ARD to a prior conviction for purposes of imposing a §3804 mandatory minimum sentence passed constitutional muster. Sentence affirmed.

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  • L.L.B. v. T.R.B.

    Publication Date: 2022-10-10
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 81 WDA 2022

    Trial court properly granted parent's petition to obtain COVID-19 vaccination over co-parent's objection, after finding vaccination to be in child's best interests based upon medical expert's testimony that was based on review of child's medical records and recommendations from her pediatrician. Order of the trial court affirmed.

  • RCKA Inv. LLC v. Johnson

    Publication Date: 2022-09-12
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1025

    Trial court erred in deciding appellant violated the case management order by failing to deposit money in an escrow account in an appeal of a landlord-tenant issue because the order and local court rules only set forth the procedure a tenant had to follow to obtain supersedeas to prevent eviction during the pendency of the appeal and provided no directive regarding escrow payments for tenants who did not wish to protect against eviction. Order vacated.

  • Commonwealth v. Holt

    Publication Date: 2022-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0252

    Parent's withholding of information regarding information that could lead to apprehension of child suspected of murder could support parent's conviction for hindering apprehension or prosecution. Judgment of sentence affirmed.

  • Commonwealth v. Washington

    Publication Date: 2022-02-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0199

    Trial counsel was ineffective for erroneously advising defendant not to testify in his own defense based on defendant's prior conviction, when that conviction was not admissible for impeachment purposes. Order of the PCRA court reversed, judgment of sentence vacated, case remanded.

  • Z.P. v. K.P.

    Publication Date: 2022-02-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0126

    Commonwealth appealed trial court's order limiting interviews of children involved in ongoing child custody dispute and child abuse investigations and court found trial court lacked authority to dictate the manner in which commonwealth and Office of Children Youth and Families conducted its child abuse investigation. Reversed.