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  • Commonwealth v. Boyd

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2642 EDA 2022

    Totality of circumstances during traffic stop supported probable cause that defendant was trafficking drugs in his vehicle, supporting the issuance of a search warrant for the vehicle after being impounded. Judgment of sentence affirmed.

  • Commonwealth v. Jeter

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1523 WDA 2021

    Trial court erroneously denied evidentiary hearing where defendant specifically alleged that a juror discussed the case during trial with a family member after telling the family member that she was having difficulty deciding the case. Order of the trial court vacated, case remanded.

  • Commonwealth v. Martin

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 791 MDA 2022

    Trial court erred in vacating jury's guilty verdict where sexual abuse victim's testimony was sufficient to support a conviction and the jury's verdict demonstrated that it chose to credit the commonwealth's evidence over defendant's case. Order of the trial court reversed, verdict reinstated.

  • Commonwealth v. James

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1146 EDA 2022

    Evidence was sufficient to convict for drug conspiracy where a defendant could have criminal liability for entering a conspiracy with law enforcement officers or police informants as part of a law enforcement investigation or sting operation. Judgment of conviction affirmed, judgment of sentence vacated in part and affirmed in part.

  • Commonwealth v. Dahl

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 309 WDA 2022

    Appellant appealed the trial court's judgment of sentence, challenging the trial court's order imposing victim restitution. The court vacated appellant's sentence and remanded for resentencing.

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

    View this Book

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  • In the Interest of: J.B.

    Publication Date: 2023-06-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3020 EDA 2022

    Trial court abused discretion in denying change of permanency goal to adoption where parents had made only partial progress on reunification goals after more than three years, such that adoption would serve the children's interest in stability and permanency in their lives. Order of the trial court reversed, case remanded.

  • Ehmer v. Maxim Crane Works, L.P.

    Publication Date: 2023-06-26
    Practice Area: Motor Vehicle Torts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2431 EDA 2022

    Trial court erred in transferring venue where defendant failed to present evidence demonstrating that continuing the case in the present district would be oppressive or vexatious or would prevent defendant from presenting an effective defense due to the unavailability of key witnesses. Order of the trial court reversed.

  • In re: Estate of Cassidy

    Publication Date: 2023-06-26
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1661 EDA 2022

    Appellants appealed the trial court's order denying their petition for declaratory judgment and granting the petition for declaratory judgment filed by appellees. The court reversed and remanded with instructions.

  • Commonwealth v. Reeves

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2545 EDA 2022

    Post Conviction Relief Act petition was properly denied as untimely where general allegations of prosecutorial misconduct or allegations of police misconduct in other cases could not support the government interference or newly-discovered facts exceptions. Order of the PCRA court affirmed.

  • Turnpaugh Chiropractic Health & Wellness Cr., P.C. v. Erie Ins. Exch.

    Publication Date: 2023-06-26
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1448 MDA 2021

    Insurer appealed judgment in favor of chiropractor and the award of attorney fees where insurer repriced chiropractor's invoices and referred the bills to peer review and court found trial court erred in allowing chiropractor's expert to testify on matters outside the scope of his expert report and erred in awarding attorney fees under §§1716 and 1798 because there was no statutory authorization for an award of fees when an insurer invoked the peer review process. Affirmed in part and denied in part.