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  • Commonwealth v. Geary

    Publication Date: 2019-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0619

    Voluntariness of consent to blood draw was not undermined where consent form merely warned suspect of the permissible civil and evidentiary consequences of a refusal to consent. Order of the trial court reversed, case remanded.

  • Seeley v. Caesars Ent. Corp.

    Publication Date: 2019-04-15
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0418

    Trial court properly dismissed plaintiff's premises liability action over a slip and fall in a New Jersey casino for lack of personal jurisdiction because plaintiff failed to show contacts between defendant casino and its Delaware holding company owner and Pennsylvania which would have made defendants reasonably aware they could be hauled into court in Pennsylvania. Affirmed.

  • In re: Passarelli Family Trust

    Publication Date: 2019-04-15
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0425

    Irrevocable trust was not procured by fraudulent misrepresentation due to co-settlor's failure to specifically describe each individual asset being contributed to the trust where identifying the corporation holding the assets was enough to identify the scope of assets. Order of the trial court reversed.

  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Lee

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0283

    Defendant, who was over 18 years of age when she committed second-degree murder, could not rely on the U.S. Supreme Court's ruling in Miller v. Alabama, barring most mandatory life without parole sentences for those under the age of 18, since age is the sole factor in determining whether Miller applies to overcome the Post Conviction Relief Act time-bar. The appellate court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Sanchez

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0227

    The trial court properly dismissed defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant failed to meet the 60-day time requirement under §9545(b)(2) and failed to explain how certain "newly discovered facts" about a detective held civilly liable could not have been ascertained sooner. The appellate court affirmed defendant's judgement of sentence.

  • In re: Estate of Tscherneff

    Publication Date: 2019-02-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0178

    Orphans' court improperly used extrinsic evidence to determine testator's intent to equally benefit all testator's children, where will expressly directed that residuary estate simply be divided equally among the children. Order of the orphans' court reversed.

  • Commonwealth v. Kline

    Publication Date: 2019-01-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0053

    Although defendant's non-verbal gunshot gesture toward the victim was not accompanied by any type of verbal communication, the evidence was sufficient to prove beyond a reasonable doubt that defendant had the intent to terrorize the victim, as required to prove the crime of terroristic threats. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Brown

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1555

    Trial court properly exercised discretion to exclude expert testimony on eyewitness identification where the witnesses' identifications were corroborated by substantial independent evidence. Judgment of sentence affirmed.

  • Commonwealth v. Bernal

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1551

    Trial judge erred in denying motion for recusal where her imposition of a statutory maximum sentence, following vacatur of that sentence, combined with indications that the judge had predetermined the new sentence prior to hearing arguments of counsel and had chastised defense counsel for her vigorous representation of defendant, gave rise to questions about the trial judge's impartiality in the present case. Judgment of sentence vacated, case remanded.