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  • Commonwealth v. Steele

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0770

    Criminal use of communication facility conviction arising from use of police scanner to evade officers overturned where commonwealth failed to identify a felony being committed through the evasion of police with the scanner. Judgment of conviction affirmed in part and reversed in part, case remanded for resentencing.

  • Commonwealth v. Burton

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0762

    The trial court did not err in denying defendant's motion to suppress cell-site location information where the commonwealth secured a search warrant for such information after initially obtaining it under the Wiretap Act and then properly invoked the independent source doctrine. The superior court affirmed defendant's judgment of sentence.

  • Albert v. Sheeley's Drug Store, Inc.

    Publication Date: 2020-07-13
    Practice Area: Toxic Torts
    Industry: Pharmaceuticals | Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0723

    The trial courtdid not err in granting the defendant drugstore summary judgment in this negligence action arising from the death of a man who ingested ill-gotten Fentanyl since, under the in pari delicto doctrine, "no court will lend its aid to a man who grounds his actions upon an immoral or illegal act." The superior court affirmed.

  • Commonwealth v. Carter

    Publication Date: 2020-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0673

    The trial court erred in granting defendant's motion to suppress statements he made to police after a shooting incident where the groundthe trial court relied upon was not raised indefendant's motion to suppress or at his suppression hearing. The superior court reversed and remanded.

  • In re: E.H.

    Publication Date: 2020-06-15
    Practice Area: Administrative Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0609

    Trial court did not abuse discretion in denying application for restoration of firearm rights based on applicant's prior involuntary commitment, threats of harm to self and others with firearms, extensive psychiatric treatment, and use of drugs against medical advice. Order of the trial court affirmed.

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  • U.S. Bank Nat'l Ass'n v. Davis

    Publication Date: 2020-06-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0585

    Appellant challenged trial court's finding that nonsuit in its first mortgage foreclosure action, based on the failure to prove act 91 notice, barred subsequent foreclosure action on res judicata grounds and court found neither res judicata nor rule 231 barred the subsequent action because there was no decision on the merits in the first action and subsequent action was distinct from the prior action. Reversed.

  • Commonwealth v. Bostian

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0547

    A trial judge violated the coordinate jurisdiction rule when she reversed a prior decision and dismissed all charges against defendant as the prior determination that the commonwealth presented prima facie evidence for all charges was not clearly erroneous, manifestly unjust or plainly intolerable. The superior court reversed and remanded.

  • Commonwealth v. T.B.

    Publication Date: 2020-06-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0552

    Forensic examiner was properly admitted to provide fact testimony explaining her process for conducting a forensic interview, and such testimony did not constitute expert testimony. Judgment of sentence affirmed.

  • Commonwealth v. Bradley

    Publication Date: 2020-05-25
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0521

    The commonwealth established that a Williamsport Bureau Police policy barring filming or recording in the police department lobby by members of the public was a reasonable time, place and manner restriction and that defendant was guilty of defiant trespass for violating the policy. The superior court affirmed defendant's judgment of sentence.

  • Rolon v. Davies

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0509

    Trial court erred in entering nonsuit in favor of surgeon in medical malpractice action because decedent's administrator's expert rendered his testimony to a reasonable degree of certainty but court affirmed jury's verdict in favor of other defendants and ordered a new trial only against surgeon. Vacated in part and affirmed in part.