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  • Taylor v. Smith

    Publication Date: 2023-09-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 368 MDA 2023

    Trial court properly awarded joint legal and physical custody of child to child's father and deceased mother's former partner who stood in loco parentis to child because record supported trial court's conclusion that the factors weighed evenly between the parties and child was happy and doing well. Affirmed.

  • Commonwealth v. McLean

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 176 MDA 2023

    Trial court correctly denied suppression motion for genetic paternity testing results, where defendant was not obligated to consent to a buccal swab after being placed in custody for contempt of the paternity testing order, and where the trial court could have determined defendant's paternity either through testing or by default for defendant's failure to appear for testing. Judgment of sentence affirmed.

  • Commonwealth v. Fortune

    Publication Date: 2023-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2687 EDA 2022

    Appellant appealed the trial court's judgment of sentence on his jury conviction for first-degree murder and tampering with evidence. The court affirmed.

  • In the Interest of: M.M.

    Publication Date: 2023-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 439 EDA 2023

    Trial court lacked jurisdiction to use dependency adjudication to upgrade non-parent's child abuse report from indicated to founded since the non-parent was not a party to the dependency proceedings. Order of the trial court vacated in part.

  • Commonwealth v. Gillins

    Publication Date: 2023-09-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2412 EDA 2021

    Court vacated state sentence to give defendant opportunity to pursue the benefit of his plea deal, where the Commonwealth and trial court failed to understand that the trial court lacked authority to impose a state sentence concurrent to defendant's existing federal sentence. Order of the PCRA court vacated, case remanded.

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  • Commonwealth v. Sheets

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 580 MDA 2022

    Appellant challenged his convictions for two counts of attempted murder and court found evidence supported two attempted murder convictions because commonwealth proved appellant took a substantial step towards an intentional killing and committed two separate, complete acts of attempted murder against victim at 11:30p.m. and again the next morning when he discovered victim was still alive. Affirmed.

  • In the Interest of R.R.D.

    Publication Date: 2023-09-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1357 MDA 2022

    Trial court erred as matter of law in terminating parents' parental rights under 23 Pa. C.S. §2511(a)(8) because agency failed to prove by clear and convincing evidence that the condition which led to the children's removal, inadequate housing, continued to exist. Reversed.

  • Doe v. The Cheesecake Factory

    Publication Date: 2023-09-04
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 254 EDA 2022

    Trial court properly confirmed an arbitration award where the arbitration agreement's resolution of disputes provision gave arbitrator the exclusive authority to resolve any dispute relating to arbitrability and trial court lacked authority to examine the merits of arbitrator's decision concerning the claims covered. Affirmed.

  • 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.