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  • Commonwealth v. Smith

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0388

    Trial counsel not ineffective in advising defendant to waive jury trial based on counsels strategic belief that it would result in a fairer trial due to counsels experience of violent sexual crimes inflaming and prejudicing juries against defendants. Order of the PCRA court affirmed.

  • Cunningham v. Cunningham

    Publication Date: 2018-04-03
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0390

    Trial court authorized to impose civil contempt for partys violation of separation order, regardless of whether such order was incorporated into the divorce decree. Order of the trial court affirmed.

  • Speaker v. Speaker

    Publication Date: 2018-04-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0380

    Trial court erred in granting husbands petition to decrease his alimony obligation because husbands stated desire to retire at some point in the future did not constitute a substantial and continuing change in circumstances that warranted a downward modification of alimony and husband failed to show that his alleged poor health had affected his financial circumstances or his ability to work. Order vacated.

  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2018-04-03
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0391

    Landlord did not breach lease by declaring tenant in default, where lease terms explicitly defined default as tenants vacating of premises and tenant had physically moved out of space. Judgment affirmed in part and reversed in part.

  • Commonwealth v. Gibbs

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0383

    Where defendant was incarcerated prior to the disposition of new charges against him and he failed to satisfy bail at the time of his arrest on the new charges, the trial court was required to credit him with the time served prior to the disposition of new charges against his new sentence. The appellate court vacated defendants judgment of sentence and remanded.

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  • Commonwealth v. King

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0385

    Trial court did not abuse discretion in admitting and considering victim impact statement that contained single disparaging remark toward defense counsel, where, on balance, letter properly conveyed the effects of defendants crime upon the victims family. Judgment of sentence affirmed.

  • Commonwealth v. Moriarty

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0324

    Counsel ineffective for advising offender to proceeding to parole revocation hearing prior to trail on new charges to secure work release, where offender may have been ineligible for work release, and was ultimately acquitted on new charges. Order of the PCRA court reversed, revocation sentence vacated.

  • Commonwealth v. Montgomery

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0323

    PCRA court had subject matter jurisdiction to hear a subsequent PCRA petition so long as a prior PCRA petition was not pending on appeal or subject to further appellate review. Order of the PCRA court affirmed.

  • 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