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  • Commonwealth v. Davis

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0622

    When the trial court found that police had probable cause to conduct a warrantless search of defendant's vehicle, it failed to consider the totality of the circumstances, including several facts that weighed heavily against the conclusion that probable cause existed. The appellate court reversed defendant's judgment of sentence and remanded.

  • Williams v. Taylor

    Publication Date: 2018-05-29
    Practice Area: Land Use and Planning | Real Estate
    Industry: Mining and Resources
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0634

    The trial court correctly found that logging company was not entitled to a prescriptive easement on a lane running through landowner's land because substantial evidence supported the trial judge's findings that the lane passed through an "unenclosed woodland" and the unenclosed woodlands act barred a prescriptive easement. Affirmed.

  • S.G. v. J.M.G.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0619

    Trial court erred in finding that expert child custody evaluator had no standing to bring a contempt action asking the court to enforce its order directing mother to pay a portion of his fees because mother was ordered by the court to pay the costs and thus, the court was the proper court to adjudicate the alleged contempt of its order. Reversed.

  • Sommers v. UPMC

    Publication Date: 2018-05-15
    Practice Area: Class Actions | Labor Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0572

    Partial decertification of wage law class erroneous where employers failure to make partial payment to former employees within original class did not constitute later evidentiary development. Order of the trial court reversed.

  • Commonwealth v. Mauk

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0537

    Trial court violated due process by mass-sentencing a group of unrelated defendants for indirect criminal contempt without determining each defendants financial ability to pay, or offering them opportunity to be heard or assistance of counsel until after sentencing. Order of the trial court vacated.

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  • Commonwealth v. Gibbs

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0383

    Where defendant was incarcerated prior to the disposition of new charges against him and he failed to satisfy bail at the time of his arrest on the new charges, the trial court was required to credit him with the time served prior to the disposition of new charges against his new sentence. The appellate court vacated defendants judgment of sentence and remanded.

  • Commonwealth v. King

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0385

    Trial court did not abuse discretion in admitting and considering victim impact statement that contained single disparaging remark toward defense counsel, where, on balance, letter properly conveyed the effects of defendants crime upon the victims family. Judgment of sentence affirmed.