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  • Commonwealth v. Macik

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 529 WDA 2023

    Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.

  • Bhatia v. Fernandez

    Publication Date: 2024-07-05
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1715 EDA 2023

    Appellant appealed the trial court's order granting appellee's protection from abuse petition. The court affirmed, holding that sufficient evidence supported the trial court's order where appellant, as appellee's former boyfriend, caused appellee to fear for her safety after he refused to end contact with her and entered her apartment with a key that he was not supposed to have.

  • Commonwealth v. Miranda

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2558 EDA 2023

    Appellant appealed the trial court's order dismissing his first petition filed pursuant to the Post Conviction Relief Act. The court vacated and remanded, holding that the PCRA court erred by first granting appointed counsel's motion to withdraw for lack of meritorious issues and then scheduling a hearing on appellant's purported amended PCRA petition, rather than issuing notice of its intent to dismiss what it deemed to be a meritless petition.

  • Oceanview Prop. Mgmt. & Recovery Serv., LLC v. Baker

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Non-Profit | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 292 WDA 2023

    Court rejected cross-petitioner's objection to appointment of conservator for abandoned/blighted property where appointed conservator had sufficient experience and a more developed plan that had the added benefit of creating affordable housing, and the trial court did not misinterpret the requirements or policy goals of the Abandoned and Blighted Property Act. Order of the trial court affirmed.

  • Commonwealth v. Stauffenberg

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2095 EDA 2023

    Appellant appealed the trial court's order denying his petition for writ of certiorari on his municipal court conviction for driving under the influence. The court affirmed, holding that where appellant suffered any violation of his constitutional rights against self-incrimination because he was given no Miranda warning before signing a PennDOT DL-26B form as the "operator" of a vehicle, the maximum remedy was to preclude Commonwealth from relying on his signature to prove at trial that he was the operator of the vehicle in which he w

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  • Commonwealth v. McMaster

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1354 MDA 2023

    Commonwealth appealed the trial court's order granting in part appellee's motion to suppress evidence. The court reversed and remanded, holding that when viewed together, an individual's erratic drug-induced behavior, his lack of response to police as to whether any other persons were inside his residence, and the disarrayed interior of the home visible from outside, all supported a detective's minimally invasive sweep of the residence to determine whether anyone inside was in immediate need of medical help.

  • Tedesco Excavating & Paving, Inc. v. FHW Dev., LLC

    Publication Date: 2024-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 995 WDA 2022

    Anticipatory repudiation of contract gave counterparty the right to treat the contract as immediately terminated, which absolved the counterparty of its obligation to honor the repudiating party's right to terminate without cause. Judgment of the trial court affirmed.

  • Commonwealth v. Yanovitsky

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 142 EDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his convictions for indecent assault without consent and institutional sexual assault. The court affirmed in part, reversed in part, and remanded for resentencing. The court held in pertinent part that the crime of institutional sexual assault does not apply to interactions between university professors and students.

  • Commonwealth v. Newton

    Publication Date: 2024-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1283 MDA 2022

    Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.

  • CM Goat, LLC v. Valdez

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3176 EDA 2022

    Defendant appealed the order for specific performance in action over a real estate sales agreement and court held trial court properly found that a written contract existed and defendant breached it, there was no violation of the statute of frauds and defendant waived his right to arbitration. Affirmed.