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  • Commonwealth v. Mullen

    Publication Date: 2021-12-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1499

    Law enforcement only needed reasonable belief that subject of an arrest warrant was located inside a residence to enter, and anonymous tip establishing the subject's presence, corroborated by officers' observations of the subject inside the residence, were sufficient to provide reasonable belief. Order of the PCRA court affirmed.

  • Commonwealth v. Sandoval

    Publication Date: 2021-12-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1500

    Trial court did not abuse discretion in allowing commonwealth to amend criminal information mid-trial to cite the correct statute, where the differences between the original and amended subsections were not material and thus defendant had notice of the alleged facts. Judgment of sentence affirmed.

  • Frisch v. James River Ins. Co.

    Publication Date: 2021-11-08
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1304

    Defendant was not entitled to new trial based on trial court's failure to re-read to the jury the model instructions for both pre-existing conditions and factual cause, where defendant had not objected at the time to the trial court's failure to read both instructions. Order of the trial court reversed, case remanded for further proceedings.

  • Commonwealth v. Sanchez

    Publication Date: 2021-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1203

    Miscommunication between police and prosecution, resulting in prosecutors being unaware of the existence of a material DNA analysis report and therefore failing to turn the report over to the defense, did not rise to the level of recklessness required to bar retrial on double jeopardy grounds. Order of the trial court affirmed.

  • Commonwealth v. Davis

    Publication Date: 2021-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1115

    PCRA court could vacate entire sentence, including on charges for which the sentencing court had originally imposed "no further penalty," where the commonwealth requested resentencing after defendant had obtained relief on unconstitutional mandatory minimum sentences. Order of the PCRA court affirmed.

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  • In re Estate of Emery

    Publication Date: 2021-09-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1082

    Trial court's 2020 order, addressing the exact amount an executor was to distribute to appellant from decedent's multiple party bank account, did not run afoul of 42 Pa. C.S.A. §5505 because that order did not modify a 2018 order which ordered distribution but did not address the amount of money involved. Affirmed.

  • Perelman v. Raymond G. Perelman Revocable Trust

    Publication Date: 2021-08-09
    Practice Area: Discovery
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0899

    Appellant trust appealed order denying the motion for a protective order and directing appellee Cozen to produce certain documents during discovery and court found trial court did not err in applying the self-defense exception in profession conduct rule 1.6(c)(4) in this case but did err in declining to find that the parties had not waived privileges for other confidential communications relating to the same subject matter. Affirmed in part and reversed in part.

  • Commonwealth v. Mattis

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0557

    Trial court erred in denying suppression motion where defendant could not validly consent to search of vehicle after police, having resolved the initial speeding violation, asked defendant to exit his vehicle and requested consent for a search while in possession of defendant's documents, thereby subjecting him to an unlawful investigatory detention. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Young

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0241

    The superior court lacked jurisdiction to hear an appeal challenging defendant's sex offender registration requirements where those requirements arose from a foreign judgment of sentence, not from defendant's third-degree murder and conspiracy convictions docketed herein. The superior court affirmed.

  • Erie Ins. Exch. v. King

    Publication Date: 2021-02-15
    Practice Area: Insurance Law
    Industry: Insurance | Transportation
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0161

    Although stacking waiver could not apply to uninsured motorist benefits obtained as a guest passenger, the household exclusion served to bar a claim for UM coverage where the vehicle involved in the accident was owned by a named insured under the UM policy. Order of the trial court affirmed.