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Publication Date: 2019-10-28
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1257
Defendant's former prosecution for driving with a suspended license occurred before a court that lacked jurisdiction over another offense of possession of heroin with intent to deliver; thus, the court of common pleas could properly assert its separate, original jurisdiction over that charge under 18 Pa.C.S. §112. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-10-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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for defendant:
Case Number: 19-1203
The odor of fresh marijuana could still give rise to probable cause for a search warrant despite the legalization of medical marijuana when only a small number of growers were permitted to grow marijuana in the state such that the odor gave rise to a fair probability that the marijuana was illegal. Judgment of sentence affirmed.
Publication Date: 2019-10-07
Practice Area: Damages | Products Liability
Industry: Health Care | Manufacturing
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 19-1177
Trial court acted within discretion to reduce punitive damages award as little as necessary to comport with applicable New Jersey punitive damages cap ratio of five times the compensatory damages award. Judgment affirmed as modified.
Publication Date: 2019-09-23
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 19-1076
Court deferred an appeal of county political party's discipline of its committeeperson because the subject matter of the appeal directly implicated the election code and the legislature had designated the Commonwealth Court as the exclusive forum for election related appeals. Appeal transferred.
Publication Date: 2019-09-02
Practice Area: Legislation | Trusts and Estates
Industry: State and Local Government
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 19-1032
Father challenged trial court's grant of mother's petition for forfeiture of father's share of wrongful death proceeds after child's accidental death and court found trial court did not abuse its discretion because the amendments to the failure-to-support clause in 20 Pa.C.S. §2106(b) were clearly intended to prohibit a non-performing parent from collecting a windfall in the tragic event of the child's death. Affirmed.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2019-08-12
Practice Area: Administrative Law | Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
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Case Number: 19-0942
Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.
Publication Date: 2019-08-12
Practice Area: Employment Litigation
Industry: Construction
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0952
Plaintiff appealed the trial court order dismissing his claims against defendant, based on defendant's status as a statutory employer under the worker's compensation act, and court found any procedural errors that occurred were with plaintiff's willful acquiescence and he waived his claims. Affirmed.
Publication Date: 2019-07-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0839
The record failed to establish a valid waiver of counsel where the entire exchange on the issue between defendant and the trial judge was truncated and insufficient to demonstrate a colloquy memorializing a knowing and voluntary waiver. The appellate court vacated defendant's judgment of sentence.
Publication Date: 2019-07-22
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Kunselman
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for defendant:
Case Number: 19-0837
The trial court erred in denying defendant's motion to suppress evidence obtained through real-time cell site location information, or CSLI, tracking since an individual maintains a legitimate expectation of privacy in the record of his physical movements captured through both historical and real-time CSLI tracking and, therefore, a warrant supported by probable cause was required. The appellate court vacated defendant's judgment of sentence, reversed in part and remanded.
Publication Date: 2019-07-22
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0841
The trial court did not err in awarding wife exclusive possession of the marital residence in a protection from abuse order since the Protection From Abuse Act allows a court to grant a plaintiff exclusive possession of a residence, even where the defendant is the sole owner, if the defendant has a duty to support the plaintiff or minor children living in the residence. The appellate court affirmed.
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