• Commonwealth v. Ganjeh

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 586 MDA 2022

    Defendant appealed his conviction and sentence for first-degree murder and court found appellant's statements to police were not made in violation of his Miranda rights because he was not subject to a custodial interrogation at the time he made voluntary and spontaneous statement to police at the crime scene and his statements at police station were made after he knowingly waived his Miranda rights, evidence of prior incidents of domestic abuse between appellant and victim and appellant's pending criminal charges were relevant and adm

  • In re: Davis

    Publication Date: 2023-09-04
    Practice Area: Court Administration
    Industry:
    Court: Superior Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 887 WDA 2022

    Appellant challenged the trial court's decision finding her guilty of direct criminal contempt and sentencing her to incarceration and financial penalties. The court affirmed, reasoning that appellant, as Clerk of the Courts of Washington County, engaged in direct contempt of the trial court by refusing to comply with its order regarding transfer of juvenile case records, resisting deputies, and engaging in disruptive misbehavior outside the courtroom.

  • Commonwealth v. Williams

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 993 MDA 2022

    Acquittal on possession charge did not undermine conviction for possession with intent to deliver, since inconsistent verdicts did not necessarily constitute reversible errors. Judgment of sentence affirmed.

  • Commonwealth v. Riley

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 566 MDA 2022

    Evidence supporting an inference that defendant believed that a firearm exchanged for drugs was stolen was sufficient to support a conviction for receiving stolen property. Judgment of sentence affirmed.

  • Commonwealth v. Mabus

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1672 MDA 2021

    Breathalyzer test results did not require uncertainty values or confidence intervals to be submitted with test results to render the results scientifically reliant or legally admissible where use of a breathalyzer was a generally accepted means of calculating blood alcohol content in the scientific community, thereby meeting the Frye standard. Judgment of conviction affirmed.

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  • Golik v. Erie. Ins. Exch

    Publication Date: 2023-08-28
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1110 WDA 2022

    Subsequently named insured on auto policy was presumed to have constructive knowledge of prior first named insured's execution of UM stacking waiver, which bound the subsequently named insured if they took no steps to alter their coverage. Judgment of the trial court vacated, case remanded.

  • Commonwealth v. Smith

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1278 WDA 2022

    Parole officer had reasonable suspicion for warrantless search of parolee's home after parolee failed a drug test and visited known drug crime areas, combined with reports from neighbors consistent with drug distribution activity. Judgment of sentence affirmed.

  • Trust Under Deed of Garrison

    Publication Date: 2023-08-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1429 EDA 2020

    In case disputing the validity of modification agreements to an inter vivos trust, orphans' court properly denied appellants' motion for judgment on the pleadings on the grounds of disputed issues of material fact and court vacated its denial of appellants' petition for declaratory judgment as premature, vacated its decision that estate was not a proper participant to the proceedings and remanded for discovery on the issue of a confidential relationship. Affirmed in part, vacated in part and remanded.

  • Schluth v. Krishavtar, Inc.

    Publication Date: 2023-08-21
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2088 EDA 2021

    Appellants' third appeal argued trial court erred in denying appellants' motion to mark the judgments satisfied in both the mortgage foreclosure and breach of contract cases pursuant to 42 Pa.C.S.A. §8013 and court sua sponte found trial court lacked jurisdiction to consider appellants' §8103(d) petitions because trial court was without jurisdiction to proceed further with respect to claims while an appeal was pending. Vacated.

  • Toth v. Toth

    Publication Date: 2023-08-21
    Practice Area: Corporate Entities
    Industry: E-Commerce | Education
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 266 WDA 2022

    Although defendants lacked authority under LLC operating agreement to execute written consent amending the agreement, the trial court prematurely ordered LLC's dissolution where members had yet to engage in binding mediation as required by the operating agreement. Judgment of the trial court affirmed in part and reversed and remanded in part.