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Publication Date: 2019-03-25
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0315
The trial court erred in finding that collateral estoppel precluded defendant's retrial on charges of trafficking in individuals and attempted involuntary servitude after a hung jury on those offenses, since defendant's acquittal on charges of robbery and theft did not negate the commonwealth's ability to prove the elements of the two outstanding offenses. The appellate court reversed and remanded.
Publication Date: 2019-03-25
Practice Area: Civil Procedure
Industry: Construction
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0314
The appellate court was bound by the high court's holding in McCreesh v. City of Philadelphia that technical noncompliance with the rule for service of original process may be excused absent "intent to stall the judicial machinery" or actual prejudice and, thus, granted plaintiff relief in the absence of any allegations of such intent or prejudice. The appellate court reversed and remanded.
Publication Date: 2019-03-11
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0272
Juvenile court properly refused to delay child's dependency hearing to conduct an in-person colloquy of father's right to counsel because father was given proper notice of the hearing and of his right to counsel but failed to attend the hearing or apply for counsel. Affirmed.
Publication Date: 2019-03-11
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0277
Trial court properly declined to apply the presumption of paternity in father's action to establish paternity and for genetic testing where mother told father she was separated from husband during her year-long affair with father, told father she wanted a future with him and child, had her own apartment and child was held out as father's child to doctors and father's friends and family because the evidence failed to support mother's and husband's assertion of an intact marriage. Affirmed.
Publication Date: 2019-03-04
Practice Area: Civil Appeals
Industry: Construction
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0236
Appellant appealed the grant of summary judgment in favor of LLC defendant and the court sua sponte quashed the appeal because the order that granted summary judgment in favor of LLC defendant but left the claims against John Doe 1-10 was not an appealable order. Appeal quashed.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-02-19
Practice Area: Criminal Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0182
Appellant not entitled to relief where counsel was not ineffective nor where there was no newly-discovered or after-discovered evidence that would have been material to appellant's trial, but resentencing was required where the trial court imposed a mandatory minimum sentence ruled unconstitutional. Order affirmed in part, judgment of sentence vacated in part, case remanded.
Publication Date: 2019-01-29
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0081
Evidence was sufficient to convict on drug delivery resulting in death charge even though delivery occurred outside of Pennsylvania where victim returned to Pennsylvania to consume drugs, which resulted in the victim's death. Judgment of sentence affirmed.
Publication Date: 2019-01-15
Practice Area: Criminal Law | Privacy
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0023
Commonwealth bore burden to unseal supporting documents for wiretap intercept demonstrating consent to be recorded and an affidavit of probable cause, and to disclose such documents to defendant before trial; the failure to comply with this statutory requirement warranted reversal of denial of suppression motion. Judgment of sentence vacated, case remanded.
Publication Date: 2019-01-15
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0024
Convictions for assault, disarming a police officer, and resisting arrest affirmed where police had reasonable suspicion to detain defendant for hit-and-run due to his flight from the accident scene and where evidence showed defendant attempted to take the arresting officer's taser and threw multiple punches. Judgment of sentence affirmed.
Publication Date: 2018-11-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1367
Trial court erred in denying request for credit for time served in juvenile detention facility where request for statutory credit implicated legality of sentence and facility may have imposed sufficient restriction on liberty to qualify as "custody". Case remanded.
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