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Publication Date: 2024-05-10
Practice Area: Corporate Entities
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1896 EDA 2022
Trial court erred in dismissing minority shareholder oppression and declaratory judgment claims because, although appellant appeared to be seeking consummation of payment under the parties' settlement, he also alleged that appellees had disregarded his rights as a minority shareholder and sought judicial declaration of his shareholder status, forms of relief not available at law. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2024-05-10
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 539 MDA 2023
Defendant appealed the trial court's judgment of sentence entered on his jury trial conviction of driving under the influence of controlled substances and trial court conviction of related lesser charges. The court affirmed, holding that defendant's rejection of a requested blood-draw test, along with a state trooper's testimony and other evidence of defendant's impairment, were legally sufficient to convict him of DUI.
Publication Date: 2024-05-03
Practice Area: Criminal Law | Social Media
Industry: Construction
Court: Superior Court
Judge: Judge Stevens
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Case Number: 800 MDA 2023
Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of receiving stolen property and driving on a suspended license. The court affirmed, holding that the trial court did not err in admitting into evidence screenshots taken from appellant's Facebook account, which appellant utilized to offer stolen items for sale, where the digital evidence was amply authenticated by law enforcement testimony, victim testimony, and account records procured from Facebook's parent corporation.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 1430 MDA 2023
Appellant appealed the trial court's order denying his petition for post-conviction relief. The court affirmed, holding that appellant did not receive ineffective assistance of counsel where his trial attorney recommended that he accept a favorable plea deal immediately before trial instead of pursuing a speedy trial motion that was unlikely to succeed in light of an adverse judicial ruling that Rule 600 computations were suspended during the COVID-19 pandemic.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
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Case Number: 1315 MDA 2023
Appellant appealed the trial court's judgment of sentence, which imposed a "no alcohol" probation condition at the conclusion of probation revocation proceedings. The court held that the trial court acted within its discretion in imposing a "no alcohol" condition on appellant's probation after appellant relied on alcohol to commit probation violations.
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Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
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Case Number: 1103 EDA 2023
Appellant appealed the trial court's judgment of sentence on her bench trial conviction for driving under the combined influence of alcohol and a drug or drug combination. The court vacated appellant's conviction, holding that evidence was insufficient to support appellant's conviction where a police officer merely saw a "wet" cigarette in appellant's vehicle during an encounter in an area known for drug trafficking.
Publication Date: 2024-05-03
Practice Area: Employment Litigation
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 1344 MDA 2023
Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 626 MDA 2022
Appellant appealed the trial court's judgment of sentence imposed for exceeding the maximum speed limit following a summary appeal. The court affirmed, holding that Commonwealth's prima facie evidence that a trooper's speedometer was accurate supported appellant's conviction for speeding.
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 460 EDA 2023
Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 573 MDA 2023
Appellant appealed the trial court's judgment of sentence following his jury conviction on three counts of possession with the intent to deliver a controlled substance and related crimes. The court affirmed, holding that the trial court did not err in allowing Commonwealth to introduce at trial photographic evidence of appellant's chest tattoo, which depicted a scale, drugs and money.
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