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2,005 results for '* court:"Superior Court"' You can use Search Constraints to get even better search results
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 1522 WDA 2021
Successive PCRA petition was untimely filed outside the one-year deadline, and governmental interference and newly discovered facts exceptions did not apply where appellant already knew of the facts underpinning his claims related to his all-female jury, nor could an untimely petition be used to assert a claim of ineffective assistance of PCRA counsel. Order of the trial court affirmed.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 166 MDA 2022
Ineffective assistance of counsel claims were meritless where defendant expressly acknowledged at his plea hearing that he understood there was no guarantee of a particular sentence and that the trial court was not bound by the plea agreement between defendant and the commonwealth. Order of the PCRA court affirmed.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
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Case Number: 2632 EDA 2021
Pennsylvania Supreme Court decision that recognized that Pennsylvania Constitution was incompatible with the federal "automobile exception" did not implicitly overrule the inventory search exception as well since both exceptions were distinct, as inventory searches were conducted for "community caretaking" rather than investigation of crimes. Judgment of sentence affirmed.
Publication Date: 2023-02-20
Practice Area: Litigation
Industry: Insurance | Transportation
Court: Superior Court
Judge: Judge Nichols
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for defendant:
Case Number: 611 WDA 2021
Appellant workers' compensation carrier appealed the order denying its petition to intervene in action initiated by injured bus driver in a praecipe for writ of summons against other driver and court found the order was not an appealable collateral order because appellant had no legally enforceable interest and no right that needed to be protected. Appeal quashed.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
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Case Number: 116 MDA 2022
Sentence above aggravated range was not excessive where trial court expressly considered all information submitted by the parties and found the sentence necessary for the public's protection and defendant's rehabilitative needs, particularly due to the gravity of the offense that involved a violent stabbing during a road rage incident in which defendant left the victim to die at the side of the road. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: Hon. William A. Dreier, Robert E. Bartkus
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Publication Date: 2023-02-13
Practice Area: Civil Procedure
Industry: Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
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Case Number: 1519 EDA 2021
Trial court erred in denying appellant's petition to vacate the administrative dismissal of his civil action because trial court relied on an incorrect procedural rule and overlooked the deferred status of appellant's case and the undisputed misrepresentations of appellant's attorney after his license was suspended provided an adequate explanation for appellant's delay in seeking to vacate the dismissal. Reversed.
Publication Date: 2023-02-13
Practice Area: Personal Injury
Industry: Construction
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1605 EDA 2021
Trial court erred in barring defendant's statutory employer defense in plaintiff's negligence action after he fell through a hole in a roof while working for roofing subcontractor and court found defendant met all five elements of the McDonald test, defendant was plaintiff's statutory employer and was immune from tort liability. Judgment vacated.
Publication Date: 2023-02-06
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Colins
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Case Number: 166 WDA 2022
Orphans' court properly sustained bank's demurrer to beneficiaries' claims for compelled distributions and seeking to remove bank as co-trustee of trust because beneficiaries' petition did not set forth factual allegations upon which the recovery they sought could be granted and they did not allege that bank breached any of its duties under the trust and the Pennsylvania Uniform Trust Act. Affirmed.
Publication Date: 2023-02-06
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 837 EDA 2022
Defendant appealed a discovery order directing her to disclose a conversation with her deceased husband and court found the discovery order did not satisfy the second and third prongs of the collateral-order doctrine because no harm or discord could befall a marriage that no longer existed. Appeal quashed.
Publication Date: 2023-02-06
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 519 MDA 2021
The trial court applied the wrong standard in evaluating former stepfather's asserted in loco parentis status for purposes of standing in an adoption proceeding, as precedent required the court to consider whether he had a genuine and substantial interest in formalizing a permanent parental relationship with the adoptee-child, which surpassed the interest of ordinary, unrelated strangers. The appellate court vacated and remanded.
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