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  • Cook v. Cook

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0608

    Denial of permanent alimony properly denied where wife filed incredible monthly budget that exceeded her monthly income and husband credibly testified as to the parties' standard of living during the marriage. Order of the trial court affirmed in part and denied in part.

  • Commonwealth v. Miller

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0606

    Defendant's subjective belief that he would be subject to criminal penalties for refusing a warrantless blood draw could not render his consent involuntary. Order of the trial court reversed, case remanded.

  • Commonwealth v. Brown

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0604

    The trial court property granted defendant's petition to sever a count alleging possession of a firearm prohibited in violation of 18 Pa.C.S. §6105(a)(1) from three other counts but erred in allowing the commonwealth to choose the order in which to proceed and present evidence of defendant's prior convictions before considering all the charges. The appellate court vacated in part.

  • Commonwealth v. Manivannan

    Publication Date: 2018-05-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0581

    Addressing an issue of first impression, the court found the evidence insufficient to sustain defendant's conviction for unlawful use of a computer because lay witnesses were not competent to draw conclusions from information in the victim's email account setting that depicted multiple instances of disparate Internet Protocol addresses accessing her account from approximate geographic locations. The appellate court reversed defendant's judgment of sentence and remanded for a new trial.

  • Commonwealth v. Bebout

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0603

    Defendant failed to meet his burden of demonstrating that the trial court sentenced him to a de facto life without parole sentence for crimes committed when he was just a juvenile given the meaningful opportunity for his release from prison at age 60. The appellate court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Byrd

    Publication Date: 2018-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0564

    The trial court erred in holding that the commonwealth was required to prove defendant's consent to the recording of his jailhouse conversations under the mutual consent exception to the Wiretapping and Electronic Surveillance Control Act since the exception permits interception when a defendant knew or should have known that his conversations were recorded. The appellate court reversed and remanded.

  • Commonwealth v. Robinson

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0574

    Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.

  • Fotopoulos v. Fotopoulos

    Publication Date: 2018-05-15
    Practice Area: Expert Witnesses | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0576

    Trial courts preliminary order and decree permitting entry of the divorce decree were proper because husbands challenge to the telephonic testimony of wifes medical expert at the masters hearing failed. Affirmed

  • Straw v. Fair

    Publication Date: 2018-05-15
    Practice Area: Damages | Motor Vehicle Torts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0550

    Trial court erred in granting judgment on cross-claim where defendants raised genuine issue of additional defendants breach of duties to plaintiffs. Judgment vacated, case remanded.

  • Commonwealth v. Diaz

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0565

    At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated and remanded for further proceedings.