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  • Commonwealth v. Martinez

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0174

    Defendant, who elected to plead guilty to charges of unlawfully possessing a firearm, was bound by the statements he made in open court while under oath; thus, he could not assert grounds for withdrawing his plea which contradicted the statements he made at his plea colloquy. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.

  • S.B. v. S.S.

    Publication Date: 2019-01-15
    Practice Area: Family Law | Privacy
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0031

    Trial court's gag order preventing second wife and her attorneys from publicly discussing anything that might identify or harm the child in a child custody case was constitutionally permissible since it was narrowly-tailored to advance the substantial governmental interest of safeguarding the child from physical and emotional harm. Affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1553

    Sheriff's deputy possessed authority to conduct traffic stop for expired vehicle registration where an expired registration, like operating with privileges suspended or revoked, constituted a breach of the peace and deputies had common law powers to enforce the Vehicle Code. Judgment of sentence affirmed.

  • Commonwealth v. Miller

    Publication Date: 2018-11-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1388

    Motion to dismiss on double jeopardy grounds denied despite prior guilty plea to specific crimes listed in new criminal complaint where new complaint sought to prosecute defendant for a broader, statewide conspiracy and commonwealth expressly intended not to punish defendant for those specific criminal episodes. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Commonwealth v. Bergamasco

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1286

    The trial court properly granted defendant's motion to suppress evidence where the arresting officer's extra-jurisdictional stop of defendant violated the Municipal Police Jurisdiction Act in the absence of evidence that she was an immediate clear and present danger to person or property. The appellate court affirmed an order granting defendant's motion to suppress.

  • Commonwealth v. Durrett King

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1072

    Defendant raised a meritorious ineffective assistance of counsel claim where counsel failed to seek a jury instruction on a defense to the crime of fleeing or attempt to elude police relating to unmarked police cars where the police car involved, and driven by plain clothes detectives, did not display any identifying decals or graphics. The appellate court vacated an order denying defendant Post Conviction Relief Act relief and remanded for a hearing.

  • Preferred Contractors Ins. Co, RRG, LLC v. Sherman

    Publication Date: 2018-08-14
    Practice Area: Insurance Litigation
    Industry: Construction
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0955

    Trial court erred in granting summary judgment against insurer on coverage issues because there were genuine issues of material fact as to whether appellee contractor had notice of roofing exclusion. Vacated in part, affirmed in part and remanded.

  • Commonwealth v. Horning

    Publication Date: 2018-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0882

    Trial court erred in imposing SORNA registration requirements following conviction for offenses that occurred when Megan's Law II was in effect, as SORNA included more stringent registration requirements and therefore constituted greater punishment than SORNA, such that its application violated the Ex Post Facto Clauses. Judgment of sentence affirmed in part and vacated in part.

  • Commonwealth v. Gooseby-Byrd

    Publication Date: 2018-06-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0658

    DUI conviction affirmed where testimony that defendant did not operate the vehicle found not credible by trial court sitting as finder of fact. Judgment of sentence affirmed.