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Publication Date: 2018-12-18
Practice Area: Criminal Law | Evidence
Industry: Legal Services
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1531
District attorney did not abuse discretion in disapproving private criminal complaint alleging violation of Wiretap Act by attorney, where client testified she received no advice to perform the communications intercept and where violations were excepted upon reasonable suspicion that the intercepted party had committed a crime of violence and the intercept would reveal evidence of such crime. Order of the trial court affirmed.
Publication Date: 2018-12-18
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1527
Defendant, who shot a man who was standing outside defendant's home from inside the home and through a door, was not entitled to a castle doctrine jury instruction in the absence of evidence establishing the required elements of 18 Pa.C.S. §505(b)(2.2)(iii), including evidence that the victim was attempting to break in. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-12-10
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1481
Trial court did not abuse its discretion in denying appellant's petition to set aside the sheriff's sale, for an alleged lack of personal service of the notice of sale, because notice was posted on the property and sent to appellant's counsel of record and she did not claim that she lacked actual notice of the sale and failed to satisfy her burden of establishing prejudice. Affirmed.
Publication Date: 2018-12-04
Practice Area: Administrative Law | Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1446
Trial court erred in ordering the incarceration of appellant until her grandchild, who allegedly was a member of her household, was surrendered to the custody of Department of Human Services because appellant did not have custody of the grandchild, child's mother had custody and was not a subject of the adjudicatory hearing before the trial court and the juvenile act did not provide for the incarceration of a non-custodial grandparent to compel a grandchild's surrender. Reversed.
Publication Date: 2018-11-13
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
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Case Number: 18-1369
Application of Pennsylvania's Sexual Offender Registration and Notification Act as to defendant was not unconstitutional given that the Act did not change his reporting period where defendant was subject to lifetime registration upon his initial conviction. The appellate court affirmed defendant's judgment of sentence.
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Publication Date: 2018-11-06
Practice Area: Civil Rights | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1335
Trial court properly denied appellant's motion to dismiss the charges on double jeopardy grounds after his original conviction was overturned for Brady and Bruton violations because appellant failed to demonstrate that any of the alleged acts of misconduct were intended to deprive him of a fair trial. Affirmed.
Publication Date: 2018-11-06
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1320
When the trial court resentenced defendant in light of Commonwealth v. Muniz, it did not impose an illegal sentence in ordering defendant, a sexually violent predator, to register for a period of 25 years under subchapter H of the Sex Offender Registration and Notification Act. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-11-06
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1326
Commonwealth presented sufficient evidence to convict defendant of luring a child into a vehicle where he offered minors bottled drinks that he held close to his body while sitting inside his vehicle such that the minors would have to enter defendant's area of control near or inside his vehicle. Judgment of sentence affirmed.
Publication Date: 2018-10-30
Practice Area: Civil Appeals | Land Use and Planning
Industry: Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1285
The appellate court declined to find waiver of issues on appeal based on the volume of issues appellant raised in its concise statement of matters pursuant to Pa.R.A. P 1925 where it did not appear that appellant intentionally subverted rule 1925. The appellate court affirmed.
Publication Date: 2018-10-23
Practice Area: Criminal Law
Industry: Retail
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1260
Even assuming a presumption of vindictiveness applied in this case, where the trial court increased defendant's aggregate maximum sentence upon remand and resentencing, the trial court specifically disavowed any vindictive purpose and sufficiently rebutted the presumption. The appellate court affirmed defendant's judgment of sentence.
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