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Publication Date: 2024-07-05
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 1283 MDA 2022
Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.
Publication Date: 2024-06-21
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 2229 EDA 2022
Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.
Publication Date: 2024-06-07
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 517 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.
Publication Date: 2024-06-07
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 296 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.
Publication Date: 2024-06-07
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 854 MDA 2022
Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.
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Publication Date: 2024-05-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 854 MDA 2022
Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.
Publication Date: 2024-05-17
Practice Area: Family Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 2248 EDA 2023
The court affirmed the trial court's orders that removed former guardian T.B. as a reunification resource for two minor children, Z.B. and A.B.
Publication Date: 2024-05-10
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 2725 EDA 2022
Appellant appealed the trial court's judgment of sentence on his non-jury trial conviction for criminal contempt. The court affirmed, holding that the evidence was sufficient to support appellant's conviction where he admittedly made a "gun" gesture at a testifying witness upon entering the courtroom, even where the gesture was not seen by the witness or the trial court.
Publication Date: 2024-05-10
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 3080 EDA 2022
Commonwealth appealed the trial court's order decertifying appellee's case and transferring it to the Juvenile Division as a delinquency matter. The court vacated the decertification order where the trial court failed to consider multiple criteria that it was required to evaluate before granting decertification.
Publication Date: 2024-05-10
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Stabile
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Case Number: 572 MDA 2022
Trial court erred in dismissing contract claims on statute of limitations grounds where there were genuine issues of material fact concerning the terms of the parties' contract and whether it contained a statute of limitations/substantial compliance provision that would bar appellant from invoking the discovery exception. Order of the trial court affirmed in part and reversed and remanded in part.
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