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  • Commonwealth v. McLean

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 176 MDA 2023

    Trial court correctly denied suppression motion for genetic paternity testing results, where defendant was not obligated to consent to a buccal swab after being placed in custody for contempt of the paternity testing order, and where the trial court could have determined defendant's paternity either through testing or by default for defendant's failure to appear for testing. Judgment of sentence affirmed.

  • Commonwealth v. Asbury

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 907 WDA 2022

    Prohibition on Sex Offender Registration and Notification Act's irrebuttable presumption of recidivism to juveniles did not apply when a juvenile committed a criminal act ineligible to be charged as a delinquent act. Judgment of sentence affirmed.

  • Von Sick v. ANC Builders, Inc.

    Publication Date: 2023-07-17
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 391 EDA 2022

    Trial court erred in overruling home inspection company's preliminary objection in the form of an application to compel arbitration in plaintiff's breach of contract action because the arbitration provision itself was valid and a determination as to the validity of the rest of the contract was for the arbitrator to decide. Order vacated.

  • In re: Estate of Cassidy

    Publication Date: 2023-06-26
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1661 EDA 2022

    Appellants appealed the trial court's order denying their petition for declaratory judgment and granting the petition for declaratory judgment filed by appellees. The court reversed and remanded with instructions.

  • Commonwealth v. McCready

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 447 WDA 2022

    PCR court properly dismissed appellee's PCR petition asserting ineffective assistance of trial counsel and asserting ineffective assistance of PCR counsel in his challenge to his conviction for sexual abuse of his niece and court found the purported evidence in the certifications of witnesses that trial counsel did not call to testify did not provide appellee with a complete alibi and demonstrated he had some access to a car, an issue in the case. Affirmed.

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  • Commonwealth v. Horan

    Publication Date: 2023-04-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2417 EDA 2022

    Trial court lacked jurisdiction to hear PCRA petition raising issues that were on appeal in defendant's prior petition to enforce plea agreement. Order of the trial court affirmed.

  • In the Interest of R.C.-G.

    Publication Date: 2023-04-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2521 EDA 2022

    Father appealed the finding that he was a perpetrator of child abuse due to his failure to act where his 13-year old daughter was pregnant and living with an unrelated adult male and court found trial court abused its discretion by not ensuring that Q'eqchi' speaking father was provided with an effective interpreter during the child abuse hearing and was thus denied the right to testify in his own behalf. Vacated and remanded.

  • Francis v. LCP N. Third, LLC

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 665 EDA 2022

    Court affirmed verdict in breach of contract action where sufficient evidence supported finding that defendant breached contractual obligation by not intending to promptly complete property construction, which prevented plaintiff from closing on the property and making a profit on the sale. Order and judgment of the trial court affirmed.

  • Commonwealth v. Davis

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 EDA 2022

    Police were not required to establish exigent circumstances to lawfully seize a firearm under the plain view doctrine, where the firearm was observed from a lawful vantage point and its contraband nature was confirmed by officers. Judgment of sentence affirmed.

  • Estate of Quigley v. Pottstown Hosp., LLC

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1022 EDA 2022

    Trial court erred in granting defendant Tower Health's motion for a change of venue in action for negligence, premises liability, and assault/raperespondeat superior alleging decedent was raped and sexually assaulted while a patient at hospital owned by Tower Health and court found that Tower Health, a parent corporation and named defendant, regularly conducted business in Philadelphia for the purposes of establishing venue. Reversed.