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  • In re V.A.H.

    Publication Date: 2022-12-26
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1501 MDA 2021

    Trial court properly found appellee's petition for expungement of her involuntary commitment record under 18 Pa.C.S.A. §6111.1(g)(2) was barred by the statute of limitations but erred in ordering expungement under art. I, §1 of the Pennsylvania constitution because art. I, §1 did not create an independent cause of action and properly granted appellee's request to have her firearms rights restored. Affirmed in part and reversed in part.

  • Commonwealth v. Arias

    Publication Date: 2022-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 543 MDA 2022

    Multiple factors, including odor of marijuana, attempts to conceal identity and ownership of vehicle, and noncooperation during traffic stop, gave police probable cause to conduct a warrantless search of defendant's vehicle. Judgment of sentence affirmed.

  • Shoemaker v. UPMC Pinnacle Hosp.

    Publication Date: 2022-10-10
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 225 MDA 2022

    Trial court erred in granting request of patient's power of attorney for a mandatory injunction ordering appellant hospital to treat COVID-19 patient with ivermectin because there was no support for trial court's conclusion that injunctive relief was appropriate when POA did not have the legal right to either force hospital to administer ivermectin against the advice of patient's treating physicians or to demand hospital grant ICU privileges to unvetted physicians to administer the treatment.

  • Koch v. Progressive Direct Ins. Co.

    Publication Date: 2022-08-22
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0943

    UIM waiver form remained in effect where insured continuously maintained the policy, and insurer's representatives had no obligation to advise insured of option for UIM coverage when insured contacted insurer to add UM coverage to their policy. Order of the trial court reversed, case remanded.

  • Commonwealth v. Chisebwe

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0766

    Convictions for failure to exhibit driver's license and registration card on demand sustained where, despite the grace period for production, defendant argued with law enforcement officers for an extended period before ultimately producing documentation upon threat of arrest, which was the type of conduct the statute was intended to prevent. Judgment of sentence affirmed.

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  • Commonwealth v. Taylor

    Publication Date: 2022-06-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0679

    Different judge ruling on motion for reconsideration did not violate coordinate jurisdiction rule where jurisdiction over the reconsideration motion had been transferred by the judge who issued the initial ruling. Judgment of sentence affirmed.

  • Commonwealth v. Landis

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0650

    Trial court erred in granting new trial based on weight of the evidence challenge where it based its ruling solely on one commonwealth expert witness's testimony and substituted its credibility determinations for that of the jury. Order of the trial court reversed, judgment of sentence reinstated.

  • Commonwealth v Conklin

    Publication Date: 2022-06-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0620

    The record demonstrated that defendant's resentencing was not the result of judicial vindictiveness where the trial court simply sought to conform the new aggregate sentence as closely as possible to the intent behind the original aggregate sentence after a misapprehension regarding his original plea. The superior court affirmed.

  • Penn Nat'l Mut. Cas. Ins. Co. v. Phillips

    Publication Date: 2022-05-30
    Practice Area: Civil Procedure
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0603

    Trial court erred in denying appellant's petition to strike default judgment because the ten-day notice was defective on its face and violated rule 237.1(a)(2). Reversed.

  • Commonwealth v. Carl

    Publication Date: 2022-05-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0571

    Trial court erred in Rule 600 calculation where judicial emergency declaration expressly required the exclusion of the emergency period from any prompt trial computation. Order of the trial court vacated, case remanded.