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  • Frazer v. McEntire

    Publication Date: 2021-11-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1303

    Trial court correctly applied Dead Man's Act in fraud/conversion suit to exclude decedent's alleged statement that he was personally holding cash assets of another estate decedent was administrating. Order of the trial court affirmed.

  • Commonwealth v. Gallagher

    Publication Date: 2021-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1232

    Cell phone data obtained from data dump suppressed where phone owner's consent to search was not knowing or voluntarily as oral exchange with officers and signed consent form failed to put owner on notice that police would conduct a data dump search of the phone. Order of the trial court affirmed.

  • Kundratic v. Luzerne County Dist. Attorney's Office

    Publication Date: 2021-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1083

    Trial court properly upheld commonwealth's disapproval of appellant's private criminal complaint because appellant failed to demonstrate an abuse of discretion on the part of the trial court or the commonwealth. Affirmed.

  • Commonwealth v. Dula

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1047

    Trial court did not err in admitting testimony regarding severely disabled indecent assault victim's sounds and other non-verbal behaviors where, in conjunction with appellant's unusual behaviors after being caught in a compromising position with the victim, the jury could infer that an assault had taken place. Judgment of sentence affirmed.

  • Commonwealth v. Rudolf

    Publication Date: 2021-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1050

    Exposure of genitals in a public place was sufficient to sustain a conviction for indecent exposure, even if no other persons were present or the conduct was not likely to alarm or offend others.

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  • Discover Bank v. Booker

    Publication Date: 2021-07-26
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0853

    Where defendant had used their credit card for more than a decade, the course of conduct provided sufficient evidence of assent to the terms of the credit card user agreement. Judgment of the trial court affirmed.

  • Commonwealth v. Koger

    Publication Date: 2021-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0680

    Commonwealth could not prove violation of parole and probation where conditions were not explained to defendant by the trial court at the time of sentencing. Judgment of sentence vacated.

  • Commonwealth v. Koger

    Publication Date: 2021-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0680

    Trial court erred in revoking appellant's probation and parole because trial court acknowledged it did not advise appellant of the general conditions of his probation or parole at the time of sentencing and thus, appellant could not have violated one of the specific conditions of probation. Parole revocation reversed, sentence vacated.

  • Commonwealth v. Carey

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0494

    Police had probable cause for a body warrant after corroborating details of tip advising police that appellant was staying at an address, and police properly executed knock-and-announce by remaining outside the residence after breaching the entry. Judgment of sentence affirmed in part and reversed in part.

  • Commonwealth v. Smith

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McCaffery
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1431

    PCRA court erred in accepting and holding petition where petitioner's request for direct appeal with the supreme court was still pending, such that petitioner's sentence had not become final and the PCRA court therefore lacked jurisdiction to entertain the petition. Appeal quashed.