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Publication Date: 2024-06-14
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Panella
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for defendant:
Case Number: 976 WDA 2023
Trial court correctly dismissed custody complaint for lack of in loco parentis standing where petitioner had not resided with the child for nearly five years and the child's father and sole living parent had custody and objected to visitation with petitioner. Order of the trial court affirmed.
Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
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Case Number: 1868 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence obtained during a police search of his vehicle. The court reversed and remanded, holding that a state police trooper had reasonable suspicion that appellee was armed and dangerous, thus warranting a Terry frisk that recovered a firearm, where appellee was nervous and appeared to be concealing an object after being pulled over for a traffic stop.
Publication Date: 2024-06-14
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stevens
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Case Number: 199 MDA 2023
Appellant appealed the trial court's judgment of sentence on his jury convictions of kidnapping and related crimes. The court affirmed, holding that appellant's convictions of unlawful restraint and recklessly endangering another person were adequately supported in evidence.
Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 1808 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence that police recovered from a vehicle. The court reversed, holding that appellee had no reasonably cognizable expectation of privacy in the vehicle where he crashed and abandoned the car, which belonged to another person, after attempting to evade a police traffic stop.
Publication Date: 2024-06-14
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Dubow
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Case Number: 269 WDA 2023
Trial court erred in finding business had standing to pursue conservatorship of abandoned/blighted property where record was insufficient to determine whether business was located within 2,000 feet of the property via navigable walking/driving distance. Order of the trial court affirmed in part, vacated in part, and remanded.
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Publication Date: 2024-06-14
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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for defendant:
Case Number: 1379 WDA 2022
Appellant appealed the trial court's judgment of sentence on his fifteen non-jury convictions of neglect of animals. The court affirmed in part, reversed in part, and remanded for resentencing, holding fourteen of appellant's convictions were supported by sufficient evidence where the record established that neglected dogs had been under appellant's care for at least two hours, which provided sufficient time for appellant to have tended to the animals' needs. The court held further that appellant was improperly convicted for failing t
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 517 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 296 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.
Publication Date: 2024-06-07
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
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Case Number: 712 WDA 2023
The court vacated the lower court's judgment entered in this quiet title dispute over lot boundaries and modified and remanded with instructions for the trial court to determine how much of the disputed area of the property at issue the plaintiffs possess and then reconsider their quiet title claim.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
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for defendant:
Case Number: 1236 EDA 2023
A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.
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