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  • Commonwealth v. Laur

    Publication Date: 2023-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 706 WDA 2022

    Trial court erred in ordering restitution to county jail for medical bills incurred by a victim of inmate assault where the jail had not yet paid any portion of the bills and the restitution statute only authorized restitution to a government entity for any compensation it had already paid to a victim of crime. Judgment of sentence vacated in part, case remanded for resentencing.

  • Commonwealth v. Derr

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 290 MDA 2022

    Accessing Pennsylvania police database for personal purposes constituted unlawful use of a computer as "exceeds authorized access" was interpreted as accessing a computer system or network for reasons other than those falling within the scope of official permission. Order of the trial court reversed.

  • Commonwealth v. Keister

    Publication Date: 2023-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 282 MDA 2022

    Evidence was sufficient to support conviction for endangering the welfare of a child where commonwealth presented evidence and testimony that defendant withheld food from child and made her sleep on the floor as punishment, which resulted in the child becoming visibly malnourished and displaying symptoms of PTSD and other mental health issues. Judgment of sentence affirmed.

  • Commonwealth v. Hummel

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1147 MDA 2022

    Trial court erred in excluding prior acceptance of Accelerated Rehabilitative Disposition as a first DUI offense when sentencing a defendant on a second DUI. Judgment of sentence vacated, case remanded for resentencing.

  • Crocker-Fasulo v. Fasulo

    Publication Date: 2023-04-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 990 MDA 2022

    Trial court properly considered post-divorce assets and income acquired by the parties when considering a petition to modify or terminate alimony. Order of the trial court affirmed.

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  • Commonwealth v. Reed

    Publication Date: 2023-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 514 MDA 2022

    Admission of text message was proper where creator of group chat confirmed that the number belonged to defendant based on the profile icon and that only defendant would have knowledge of the content of the message. Judgment of sentence affirmed.

  • Crespo v. Hughes

    Publication Date: 2023-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | Legal Services
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1313 EDA 2022

    Trial court erred in denying as moot motion to compel compliance with charging order based solely on the prior judge's recusal from the matter, as recusal had no effect on the live controversy between the parties. Order of the trial court vacated, case remanded.

  • Matteo v. EOS USA, Inc.

    Publication Date: 2023-04-17
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 733 WDA 2022

    Trial court properly sustained defendant's preliminary objections to plaintiff's Fair Debt Collection Practices Act and Pennsylvania Fair Credit Extension Uniformity Act action asserting defendant's debt collection letter was false and misleading because defendant sought voluntary repayment and was not obligated to advise plaintiff about the statute of limitations, phrases in the letter could not reasonably be read to imply a threat of litigation and the FCEUA made the Unfair Trade Practices and Consumer Protection Law applicable for

  • In the Interest of R.C.-G.

    Publication Date: 2023-04-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2521 EDA 2022

    Father appealed the finding that he was a perpetrator of child abuse due to his failure to act where his 13-year old daughter was pregnant and living with an unrelated adult male and court found trial court abused its discretion by not ensuring that Q'eqchi' speaking father was provided with an effective interpreter during the child abuse hearing and was thus denied the right to testify in his own behalf. Vacated and remanded.

  • Commonwealth v. Becher

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 155 WDA 2022

    Appellant appealed the trial court's sua sponte grant of a new trial to a criminal defendant. The court reversed the trial court's order and remanded with instructions for reconsideration of defendant's pending motion for new trial as based on an against the weight of the evidence claim.