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Publication Date: 2020-11-02
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1185
Trial court erred in convicting defendant for failing to comply with SORNA registration requirements where defendant's criminal offense took place nearly 30 years prior to the adoption of SORNA, such that application of SORNA constituted an ex post facto violation. Judgment of sentence vacated, conviction reversed.
Publication Date: 2020-10-12
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 20-1112
Trial court erred in holding that the protection of lawful commerce in arms act was constitutional and in dismissing plaintiffs' negligence and strict liability actions against defendants for manufacturing and selling gun that killed their son because the definition of "qualified-civil-liability action" in the PLCAA was unconstitutional under the tenth amendment and 15 U.S.C. §7902 was without force or effect of law and violated the tenth amendment. Reversed.
Publication Date: 2020-10-05
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 20-1071
Trial court's bench trial judgment on plaintiffs' Unfair Trade Practices and Consumer Protection Law claim against their insurer and insurance agent affirmed where plaintiffs attempted to raise an improper challenge to the trial court's credibility determination and any sufficiency-of-the-evidence claim was waived for failing to raise it before the trial court. Judgment affirmed.
Publication Date: 2020-08-03
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0813
In addressing defendant's ineffective assistance of counsel claim asserted in a Post Conviction Relief Act petition, the lower court disregarded the prejudicial impact prong of Strickland/Pierce by comparing the prosecutorial evidence from the wrong trial to the evidence defendant produced at her PCRA hearing. The superior court vacated and remanded.
Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 20-0769
Although defendant was required to file separate notices of appeal when appealing multiple docket numbers, the trial court's order directing defendant to file "an appeal" or "a notice of appeal" constituted a breakdown of the court system that allowed defendant to avoid quashal of his appeal. Order of the trial court affirmed.
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Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0768
Where Appellate Rule 341 and construing case law only required a criminal appellant to file separate notices of each appeal for each separate docket number being appealed, the court erred by imposing a requirement that a notice of appeal could only list one docket number. Judgment of sentence affirmed.
Publication Date: 2020-07-20
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0769
Although defendant was required to file separate notices of appeal when appealing multiple docket numbers, the trial court's order directing defendant to file "an appeal" or "a notice of appeal" constituted a breakdown of the court system that allowed defendant to avoid quashal of his appeal. Order of the trial court affirmed.
Publication Date: 2020-06-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0682
Trial court had grounds to invalidate post-nuptial settlement agreement on grounds of divorce where evidence demonstrated husband's history of physical and emotional abuse, wife's fragile emotional state at the time husband had her execute the agreement, and the lack of opportunity for wife to consult with counsel. Order of the trial court affirmed.
Publication Date: 2020-06-15
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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for defendant:
Case Number: 20-0602
The revocation of defendant's probation sentence could not stand where he was acquitted of the new criminal charges giving rise to the probation revocation hearing and the trial court erroneously considered whether the probation was an effective deterrent. The superior court vacated defendant's judgment of sentence and remanded.
Publication Date: 2020-05-04
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0449
The superior court conducted an independent review of the record to determine whether defendant's appeal from his murder convictions was wholly frivolous and agreed with the trial court that his sufficiency of evidence challenge lacked merit given the substantial evidence of defendant's guilt. The superior court affirmed defendant's judgment of sentence.
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