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  • Commonwealth v. Belgrave

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1480 WDA 2021

    Defendant was not prejudiced by calling witness granted immunity to the stand where the witness refused questions as the jury could not infer, and was not explicitly informed, that the witness had asserted their privilege against self-incrimination. Conviction affirmed.

  • Commonwealth v. Edwards

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 79 MDA 2023

    Defendant lacked reasonable expectation of privacy in her hotel room where she advertised on a prostitution website, agreed to meet with an anonymous person who contacted her, and invited an undercover detective into her room without inquiring into his identity. Judgment of sentence affirmed.

  • Commonwealth v. Rendanauer

    Publication Date: 2024-01-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1631 EDA 2021

    Court quashed commonwealth's appeal from trial court orders acquitting defendant of the charges as double jeopardy barred such an appeal. Appeal quashed.

  • In the Interest of K.C.

    Publication Date: 2024-01-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 487 WDA 2023

    Trial court correctly determined that changing the goal to permanent legal custodianship was in child's best interest, where child had been hospitalized for failure to thrive, and although father had substantially complied with his service plan goals and shown he was capable of parenting child, mother did not have the same parenting capacity and father would be unable to provide the "irreducible minimum requirements" since he was also a parent to three other young children. Affirmed.

  • Commonwealth v. Bertothy

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 254 WDA 2023

    Neighbors' testimony regarding the annoying or alarming nature of explosion from defendant's property was sufficient to convict defendant of disorderly conduct for making an unreasonable noise. Judgment of sentence affirmed.

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    Lackawanna/Luzerne County Court Rules 2023

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  • Olar v. Bennett

    Publication Date: 2024-01-15
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 703 WDA 2022

    Trial court erred in giving defendant's requested sudden emergency doctrine instruction and in denying plaintiff's requested driver's duty of care instruction in case where defendant driver struck pedestrians because the evidence did not support a determination that defendant was "confronted with a sudden and unforeseeable occurrence." Reversed.

  • Commonwealth v. Baumann

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1923 EDA 2022

    Trial court erroneously revoked probation for defendant's failure to submit to a polygraph where an exam was one of three options for complying with sex offender treatment and defendant was participating in another option. Order of the trial court reversed.

  • Commonwealth v. Miller

    Publication Date: 2024-01-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 459 WDA 2023

    Victim's ability to get a clear view of defendant over a period of several minutes, which enabled the victim to subsequently accurately describe defendant's appearance, created an independent basis to permit an in-court identification despite police suggestively showing the victim a single photo of defendant. Order of the trial court reversed, case remanded.

  • Bartlett v. Demich

    Publication Date: 2024-01-08
    Practice Area: Damages
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 446 MDA 2023

    Trial court correctly dismissed replevin action over domestic animal where the record conclusively showed that an animal rescue organization placed the animal with plaintiff in a foster arrangement and retained legal title to the animal. Order of the trial court affirmed.

  • Westminster Am. Ins. Co. v. Bond

    Publication Date: 2024-01-08
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 538 EDA 2023

    Trial court erred in deeming tenant a co-insured under landlord's fire insurance policy where lease imposed no obligation for the landlord to obtain fire insurance or look to their insurer for coverage. Order of the trial court reversed.