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  • Commonwealth v. Hinds

    Publication Date: 2024-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1602 EDA 2022

    Trial court properly rejected defense of others justification where defendant attacked unarmed person with a deadly weapon, and thus could not reasonably believe that protectee faced imminent risk of severe injury or death and used unreasonable force to protect the other person. Convictions affirmed, judgment of sentence affirmed in part and vacated in part.

  • N.T. v. The Children's Hosp. of Philadelphia

    Publication Date: 2024-02-16
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3015 EDA 2022

    Trial court correctly dismissed medical malpractice action on grounds of judicial estoppel where theory of liability in present case was incompatible and unreconciled with plaintiff's theory of liability in parallel action. Order of the trial court affirmed.

  • Commonwealth v. Falcey

    Publication Date: 2024-02-16
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1541 EDA 2023

    Appellant's counsel filed a petition to withdraw and a supporting Anders brief. The court denied the petition where counsel presented an impermissible hybrid advocate's/no-merit brief that identified a potentially meritorious issue on appeal.

  • Commonwealth v. Glawinski

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1422 WDA 2022

    Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.

  • Commonwealth v. Jennings

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2382 EDA 2022

    Trial court erred in modifying probation to add special conditions when it did not make any findings that defendant violated the existing conditions of probation or otherwise posed an identifiable threat to public safety. Order of the trial court vacated, case remanded.

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  • Commonwealth v. Merced

    Publication Date: 2024-02-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 231 MDA 2023

    Trial court violated defendant's ex post facto rights by sentencing him under a criminal statute that became effective after defendant's criminal conduct. Judgment of sentence vacated, case remanded.

  • In re Adoption of J.M.B.

    Publication Date: 2024-02-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 467 WDA 2023

    Orphans' court properly denied mother's petition to have godmother adopt child because mother's proposed adoption did not satisfy the purpose of the Adoption Act's relinquishment requirement, the proposed adoption would not create a new parent-child relationship, nor would it protect the integrity and stability of a new family unit. Affirmed.

  • In the Interest of J.F.

    Publication Date: 2024-02-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1774 EDA 2023

    Trial court committed legal error by preventing child's legal and best interest attorneys from participating in child's in camera interview in contravention of Pa.R.J.C.P. 1128(A)-(B) and 1134 during a dependency and reunification hearing. Vacated.

  • Commonwealth v. Lawrence

    Publication Date: 2024-02-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 987 WDA 2022

    Court remanded dismissal of Post Conviction Relief Act petition where defendant supplemented with claims of ineffective assistance of PCRA counsel and PCRA court failed to adequately explain the reasons for dismissing the petition. Order of the PCRA court vacated, case remanded.

  • Linn v. Perrotti

    Publication Date: 2024-02-02
    Practice Area: Family Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2808 EDA 2022

    Trial court erred in refusing to impose a constructive trust on funds from a home sale, based on fact neither party held title to the home, because trial court had the authority to impose a constructive trust using the proceeds of the home sale and it was not relevant that defendant did not hold title to the property. Vacated.