• Commonwealth v. Kitchen

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0322

    False ID conviction erroneous where defendant not told by police officers that she was the subject of an official investigation of a violation of the law. Judgment of sentence reversed in part and affirmed in all other parts.

  • In re 2014 Allegheny County Investigating Grand Jury

    Publication Date: 2018-03-27
    Practice Area: Public Records
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0314

    Trial court properly denied TV stations motion to intervene and obtain access to a search warrant and sealing order issued in connection with an investigating grand jury because as a matter of law, no public right of access attached under the common law or the first amendment. Affirmed

  • Assouline v. Reynolds

    Publication Date: 2018-03-27
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0318

    The trial court properly determined that under 42 Pa.C.S. §1515(a)(2), a magisterial district judge had subject matter jurisdiction over an eviction action involving former property owners who remained on land purchased by another at a sheriffs sale, even in the absence of a landlord/tenant agreement. The appellate court affirmed a trial court order denying appellants relief.

  • Commonwealth v. Fitzpatrick

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0321

    Trial court could sua sponte modify judgment of sentence during pendency of appeal where subsequent case law rendered initial sentence illegal. Judgment of sentence affirmed, appeal dismissed as moot.

  • Commonwealth v. Cornelius

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0287

    Offender became an inmate under possession statute at the point he was committed to county jail for intake processing, and his wearing of clothes containing controlled substances at that point meant he was in possession of controlled substances as an inmate.

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    Law and Practice of Secured Transactions: Working with Article 9

    Authors: Richard F. Duncan, William H. Lyons, Catherine Lee Wilson

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  • A.J.B. v. A.G.B.

    Publication Date: 2018-03-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0283

    The trial court erred in finding that mothers same-sex ex-wife lacked in loco parentis status in this custody brought by natural father where mother and ex-wife were married at the time of the childs birth. The court vacated in part and remanded for a custody hearing.

  • Commonwealth v. Lewis

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0289

    Person who called authorities reasonably believing she was suffering from a drug overdose was entitled to immunity from prosecution under the Drug Overdose Response Immunity statute.

  • Commonwealth v. Brensinger

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0286

    Appellant not entitled to newly-discovered facts exceptions to PCRA time-bar where scientific principles underpinning his new expert opinions were publicly available years prior to the filing of appellants petition.

  • Smith v Brian Hemphill and Commercial Snow + Ice, LLC

    Publication Date: 2018-03-20
    Practice Area: Attorney Compensation | Fee Disputes
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0297

    Trial court abused its discretion in denying appellants request for a charging lien on funds in his escrow account because while appel-lant overstepped his bounds in asserting a charging lien for fees owed to him in other cases, he was entitled to the contingent fee he was owed in the current case.

  • Commonwealth v. Fennell

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0288

    Newly-discovered facts exception unavailable to excuse facially untimely PCRA petition where defendant was not diligent in attempting to obtain trial records that led to discovery of facts underlying petition.