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  • G.K. v. LaBella

    Publication Date: 2024-06-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 367 WDA 2023

    Petition to strike a discontinuance of an action constituted a new matter that divested the appellate court of jurisdiction due to the pendency of the action before the trial court. Appeal quashed.

  • Commonwealth v. Cross

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 926 WDA 2023

    Court quashed appeal from judgment of sentence on four severed counts, where appellant had other counts pending and severance did not create a separate proceeding in criminal cases. Appeal quashed.

  • Commonwealth v. Sears

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1379 WDA 2022

    Appellant appealed the trial court's judgment of sentence on his fifteen non-jury convictions of neglect of animals. The court affirmed in part, reversed in part, and remanded for resentencing, holding fourteen of appellant's convictions were supported by sufficient evidence where the record established that neglected dogs had been under appellant's care for at least two hours, which provided sufficient time for appellant to have tended to the animals' needs. The court held further that appellant was improperly convicted for failing t

  • Steinbeiser v. Wertz

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 823 WDA 2023

    Appellants waived defense that statute precluded appellees from obtaining relief by not raising the statute in an answer and new matter. Judgment of the trial court affirmed.

  • Commonwealth v. Thompson

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1432 WDA 2022

    Appellant appealed the trial court's judgment of sentence entered on his conviction for homicide by vehicle while driving under the influence and other crimes. The court affirmed, holding that appellant suffered no violation of his Confrontation Clause rights where the trial court accepted evidence of the vehicles' event data recorder information as extracted and analyzed by a responding police officer who testified as a Commonwealth expert in accident reconstruction.

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    Authors: Gary L. Brown

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  • Commonwealth v. Caraballo

    Publication Date: 2024-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 539 MDA 2023

    Defendant appealed the trial court's judgment of sentence entered on his jury trial conviction of driving under the influence of controlled substances and trial court conviction of related lesser charges. The court affirmed, holding that defendant's rejection of a requested blood-draw test, along with a state trooper's testimony and other evidence of defendant's impairment, were legally sufficient to convict him of DUI.

  • Commonwealth v. Ellis

    Publication Date: 2024-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 742 MDA 2023

    Defendant appealed the trial court's judgment of sentence imposing a life term on defendant's jury conviction for murder and related crimes. The court affirmed, holding that the trial court did not violate defendant's right to remain silent by directing defendant to remove nonprescription eyeglasses that defendant wore during his jury trial.

  • Matthew 2535 Prop., LLC v. Denithorne

    Publication Date: 2024-03-29
    Practice Area: Real Estate
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 285 EDA 2022

    Sellers challenged equity court's order of specific performance of a real estate contract for the stated price minus insurance proceeds after the building was destroyed by fire before closing and court found the record was devoid of any competent evidence regarding the post-fire value of the property and the only equitable result was a new trial on the amount of the purchase price buyer owed sellers. Vacated and remanded.

  • In the Interest of: S.W.

    Publication Date: 2024-03-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22 WDA 2023

    Prospective adoptive parent exception to denial of standing to foster parents remained good law despite enactment of revised version of Juvenile Act. Order of the trial court reversed, case remanded.

  • Commonwealth v. Rivera

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 538 MDA 2023

    Possession of a firearm and a substance appearing to be marijuana in a vehicle supported reasonable suspicion for an investigative detention to determine the vehicle occupant's license status, particularly where the marijuana was not in its original packaging and medical marijuana card holders could not carry concealed firearms. Judgment of sentence affirmed.