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  • Commonwealth v. Nestor

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 460 EDA 2023

    Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.

  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.

  • Nigon v. Jewell

    Publication Date: 2024-04-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 671 WDA 2023

    Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.

  • Commonwealth v. Glawinski

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1422 WDA 2022

    Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.

  • PG Publ'g Co., Inc. v. Pittsburgh Typographical Union #7

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1300 WDA 2022

    Evidence that picketers briefly blocked employer's delivery vans from leaving contractor's facility and damaged them as they left was sufficient to find that they "seized" employer's property, creating an exception to the prohibition on injunctive relief in labor actions. Order of the trial court affirmed in part and reversed and remanded in part.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

    View this Book

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  • Commonwealth v. Hall

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 718 WDA 2022

    Defendant lacked standing to contest search and seizure of items from his vehicle after he abandoned the car following a motor vehicle accident. Judgment of sentence affirmed.

  • Commonwealth v. Raling

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1430 WDA 2022

    Trial court did not misstate the law where it exercised discretion to deny parole to defendant who had completed minimum sentence where trial court determined defendant needed to complete drug/alcohol treatment for his parole to be successful. Order of the trial court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 633 WDA 2022

    Police had exigent circumstances for warrantless search of medically incapacitated person's vehicle and backpack where the person could not give his identity to the officers, who reasonably searched the vehicle and backpack for identification. Judgment of sentence affirmed.

  • Kistler v. Dietrich

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1694 MDA 2022

    Trial court properly dismissed appellant's negligence action against defendants over his automobile accident because defendants, conducting an estate sale on their property, owed no duty to appellant to direct traffic on the road or to restrict legal, on-street parking. Affirmed.

  • Simone v. Alam

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1536 MDA 2022

    Trial court properly dismissed appellant's slip and fall action for failure to join an indispensable party, co-owner of the property because appellant's claim was expressly premised, in part, on ownership of the real property. Affirmed.