• Banks v. Cooper

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1927

    The trial court abused its discretion in denying plaintiffs petition to open a judgment of non-pros without considering lesser sanctions, the potential prejudice to defendants and, inter alia, whether counsels mistake in failing to appear was part of a pattern of misconduct.

  • Commonwealth v. Machicote

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1556

    Trial court did not err in sentencing juvenile defendant to a life sentence while also imposing a minimum term-of-years sentence, because it would grant the juvenile the possibility of parole following completion of the minimum sentence.

  • Commonwealth v. Duck

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1549

    The court found the evidence sufficient to establish that the victim suffered bodily injury as defined by the simple assault statute in an altercation with defendant.

  • Commonwealth v. Izurieta

    Publication Date: 2017-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1555

    Testimonial evidence of sexual penetration of a victim under 16 years old sufficient to support conviction for indecent assault. Judgment of sentence affirmed.

  • Commonwealth v. Heaster

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Chief Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1534

    Defendant waived his claim that the trial court abused its discretion in failing to apply the use, as opposed to the possession, of a deadly weapon sentencing enhancement in violation of the parties plea agreement by failing to present it in a post-sentence motion or lodge any objection during his sentencing hearing. The court affirmed defendants judgment of sentence.

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  • In the Interest of: N.C., a minor

    Publication Date: 2017-10-10
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1535

    Juvenile court erred in ordering treatment for sexual delinquent act, where no evidence supported juvenile courts finding that appellant failed to admit his wrongdoing in prior treatment or that the lack of such admission negatively impacted his rehabilitation. Adjudication of delinquency reversed.

  • Commonwealth v. Wise

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1543

    Trial court properly found appellant guilty of fleeing or attempting to elude a police officer when she drove off after officer told her to pull over because appellants argument that a pursing police officer applied to both fleeing and attempting to elude lacked merit since the statute was clear and unambiguous. Affirmed.

  • Good v. Frankie & Eddies Hanover Inn, LLP

    Publication Date: 2017-10-10
    Practice Area: Civil Appeals | Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1539

    Trial court did not err in applying lower insurance policy limit under each occurrence limit, though not referenced by the policy, where the only reasonable interpretation was for each occurrence to mean the lower each common cause limit referenced in the policy. Order of the trial court affirmed.

  • Commonwealth v. Melvin

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1530

    Pursuant to Pennsylvania precedent following the U.S. Supreme Courts 2012 decision in Miller v Alabama, the court rejected defendants claim that his sentence to 30-years-to-life for a homicide committed while he was a juvenile was illegal.

  • Safe Auto Ins. Co. v. Oriental-Guillermo

    Publication Date: 2017-10-10
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1440

    Trial court correctly found that insurer owed no duty to defend car driver because automobile insurance policy contained an unlisted resident driver exclusion and driver was policyholders live-in girlfriend, was not related to him.