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  • Commonwealth v. Giles

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0384

    The trial court did not err in allowing the commonwealth to admit a video of the victims forensic interview as a prior consistent statement where the victim was subjected to extensive cross-examination to discredit her recollection and the interview was admitted to corroborate her impeached testimony. The appellate court affirmed a trial court order denying defendant relief.

  • Commonwealth v. Mangel

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0386

    Commonwealths motion to introduce Facebook messages and posts allegedly made by defendant correctly denied where the commonwealth failed to present evidence sufficiently corroborating defendant as the owner of the account and the sender of the messages at issue. Order of the trial court affirmed.

  • Busch v. Domb et al

    Publication Date: 2018-03-27
    Practice Area: Business Torts | Contracts | Evidence
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0319

    Defendant, a real estate brokerage firm representing both the buyer and seller in dual agency purchase and sale agreement, failed to demonstrate that it was a privy to an integration clause in the real estate sale agreement and, thus, could not rely on the parol evidence rule to bar consideration of certain evidence. The court denied defendants motion for reconsideration of an order denying in part a motion to dismiss.

  • Yulish v. Sedhom

    Publication Date: 2018-03-13
    Practice Area: Contracts | Evidence
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Sprecher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0245

    The court allowed the trier of fact to considered evidence about the parties prior conversations and/or negotiations where they had entered into an oral agreement regarding a loan, not a written agreement as defendant asserted.

  • Commonwealth v. Crosley

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0250

    Evidence of defendants prior conviction for aggravated assault arising from his attack of a security guard while holding a sharp object was permissible in this unrelated murder case to rebut defendants unsolicited character testimony that he never before carried a weapon.

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    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

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  • Commonwealth v. Porambo

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0190

    The evidence at trial was sufficient to find defendant guilty of driving too slow for conditions in violation of 75 Pa.C.S. §3364(a) where the arresting officer observed defendant cause a traffic jam due to her slow driving and credibly disputed defendants claim that another vehicle caused her to drive too slowly. The court denied defendants motion for judgment of acquittal.

  • Commonwealth v. Fulton

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0217

    Police violated defendants constitutional rights when they searched his cell phone for information in a criminal investigation without a warrant. The court reversed the intermediate appellate court and remanded.

  • Commonwealth v. Raglin

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0138

    Suppression motion properly denied where defendant was observed in high-crime area immediately after report of gunshots, and thereafter immediately attempted to evade police, providing reasonable suspicion to engage in a stop and investigative detention. Judgment of sentence affirmed.

  • Commonwealth v. Davison

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0132

    The evidence was sufficient to support defendants robbery conviction where he injured the victim while both punching her in the head and taking her purse, as the commonwealth was not required to elicit from the victim testimony regarding her precise level of pain. The appellate court affirmed defendants judgment of sentence.

  • Commonwealth v. Castro

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lycoming
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1516

    A search warrant requesting specifically described photos and videos for a period of approximately one calendar year was not temporally overbroad. The court denied defendants motion to suppress.