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Publication Date: 2023-10-30
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 376 WDA 2022
Commonwealth could ask prospective jurors whether they believed that an alleged rape victim's testimony alone was sufficient to find a defendant guilty beyond a reasonable doubt where such questioning was relevant to identify jurors who held the untenable belief that proof beyond a reasonable doubt required forensic evidence or other corroborating evidence. Judgment of sentence affirmed.
Publication Date: 2023-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 993 MDA 2022
Acquittal on possession charge did not undermine conviction for possession with intent to deliver, since inconsistent verdicts did not necessarily constitute reversible errors. Judgment of sentence affirmed.
Publication Date: 2023-08-21
Practice Area: Contracts
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
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Case Number: 2088 EDA 2021
Appellants' third appeal argued trial court erred in denying appellants' motion to mark the judgments satisfied in both the mortgage foreclosure and breach of contract cases pursuant to 42 Pa.C.S.A. §8013 and court sua sponte found trial court lacked jurisdiction to consider appellants' §8103(d) petitions because trial court was without jurisdiction to proceed further with respect to claims while an appeal was pending. Vacated.
Publication Date: 2023-08-14
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 417 WDA 2022
Will did not displace statutory presumption imposing inheritance taxes on transferees receiving non-probate assets where tax clause was expressly limited to assets passing under the will. Order of the trial court affirmed.
Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 831 WDA 2022
Post-conviction relief petition based on presiding judge's contemporaneous criminal conduct failed where defendant failed to plead facts establishing causal connection between the judge's behavior and appellant's decision to enter a plea agreement. Order of the PCRA court affirmed.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-04-17
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 514 MDA 2022
Admission of text message was proper where creator of group chat confirmed that the number belonged to defendant based on the profile icon and that only defendant would have knowledge of the content of the message. Judgment of sentence affirmed.
Publication Date: 2023-04-10
Practice Area: Criminal Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
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Case Number: 298 WDA 2022
Trial court did not violate right to counsel by failing to conduct waiver colloquies where appellant voluntarily and intelligently chose to plead guilty and his history of dilatory conduct through the exercise of his constitutional rights warranted a finding of forfeiture of the right to counsel. Judgment of sentence affirmed.
Publication Date: 2023-03-27
Practice Area: Tax
Industry: Retail
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1453 WDA 2021
Mistakenly charging sales tax on nontaxable items did not create a cognizable claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as collection of tax did not constitute "trade or commerce" and purchasers could seek relief from the Department of Revenue. Order of the trial court reversed.
Publication Date: 2023-03-27
Practice Area: Health Care Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1189 MDA 2021
Trial court properly denied summary judgment to defendant medical centers on their claims of immunity under the Mental Health Procedures Act in estate's action after Wise sought voluntary inpatient admission, was refused it, went home and killed decedent because court applied the rationale in Leight v. Univ. of Pittsburgh Physicians, 243 A.3d 126, that a prerequisite to treatment under the MHPA had to be satisfied before liability could be asserted against a provider and the prerequisites for voluntary inpatient examination and treatm
Publication Date: 2023-03-20
Practice Area: Wrongful Death
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1915 MDA 2018
Decedents' estates appealed the finding decedents were 100 percent comparatively liable for their shooting deaths where shooter was convicted of voluntary manslaughter and court found jury was properly given the issue of comparative negligence, estates failed to establish the causation element, estates did not produce sufficient evidence to show shooter was a feebleminded adult and under father's control and trial court did not err in admitting prior bad acts evidence. Affirmed.
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