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Publication Date: 2024-09-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 1638 MDA 2023
Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of certain sex crimes. The court affirmed, holding that the trial court did not err in permitting Commonwealth to introduce evidence of appellant's pre-arrest silence where appellant's trial testimony created the impression that he had spoken with police about the allegations against him prior to his arrest.
Publication Date: 2024-09-27
Practice Area: Deals and Transactions
Industry: Real Estate
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 1698 MDA 2023
The court quashed the attempted appeal by appellants from the judgment of possession entered by the trial court in favor of appellees because the judgment of possession was not a final and appealable order.
Publication Date: 2024-09-27
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge King
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Case Number: 719 EDA 2024
Minor child's father, pre-adoptive parents, and adoption agency cross-appealed certain of the trial court's orders concerning child's adoption and father's parental rights. The court vacated the trial court's orders denying confirmation of mother's and father's consents to adoption where mother and father neither revoked their consents in writing within thirty days nor petitioned to challenge the validity of their consents on the basis of fraud or duress within sixty days.
Publication Date: 2024-09-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1601 EDA 2023
Commonwealth appealed the trial court's order denying its petition to refile charges against appellee. The court reversed and remanded for trial, holding that Commonwealth's evidence regarding appellee's blood test results, his driving, the accident he caused, and his behavior afterward was sufficient to set out prima facie cases of aggravated assault by vehicle while driving under the influence and aggravated assault by vehicle.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Murray
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Case Number: 129 WDA 2024
Appellant appealed the post-conviction relief court's denial of his petition filed pursuant to the Post Conviction Relief Act. The court affirmed, holding that the PCRA court did not err in declining to deem appellant's version of facts admitted where Commonwealth failed to answer appellant's PCRA petition as ordered by the PCRA court.
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Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Per Curiam
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Case Number: 791 MDA 2022
Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge Beck
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Case Number: 1551 MDA 2023
Court found trial court did not abuse its discretion in entering default judgment as a sanction for defendant's willful failure to comply with discovery obligations and withholding records necessary to determine the amount owed on the mortgage at issue. Order of the trial court affirmed.
Publication Date: 2024-09-20
Practice Area: Family Law
Industry: Education | State and Local Government
Court: Superior Court
Judge: Judge Panella
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Case Number: 230 EDA 2024
Court found no error in admitting children's school records obtained from the school district under the hearsay exception for records of a regularly conducted activity. Judgment of the trial court affirmed.
Publication Date: 2024-09-20
Practice Area: Energy and Natural Resources
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Olson
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Case Number: 854 WDA 2023
Trial court erred as a matter of law in sustaining coal owners' preliminary objection asserting improper venue and transferring the case to Greene county because venue in Allegheny county was proper on appellants' breach of contract, negligent misrepresentation and abuse of process claims relating to oil well drilling. Vacated and remanded.
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
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Case Number: 876 WDA 2023
Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.
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