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Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 511 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss charges due to a violation of his speedy trial rights. The court vacated the order and remanded for trial, holding that appellee suffered no speedy trial violation when two periods of excludable delay were included in the timeline between Commonwealth's filing of charges and appellee's scheduled trial date.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 1244 WDA 2023
Defendant appealed from the trial court's judgment of sentence entered on his conviction of resisting arrest. The court affirmed, holding that evidence of defendant's vigorous physical resistance when being detained by police supported his conviction for resisting arrest where defendant's behavior plainly subjected the officers to a risk of serious bodily injury.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 515 WDA 2023
Commonwealth appealed the trial court's order denying its request to impanel a death-qualified jury. The court reversed and remanded, holding that the trial court acted outside its legal authority in usurping Commonwealth's ability to seek the death penalty by prohibiting the parties from proffering voir dire questions necessary to death-qualify a jury, and by ruling that there would be no jury deliberations regarding sentencing in a defendant's criminal homicide trial.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1734 EDA 2022
Appellant appealed the trial court's judgment of sentence on his jury conviction of rape and related crimes. The court affirmed, holding in pertinent part that the trial court did not violate appellant's rights by posing three brief questions to his crime victim at trial in order to clarify her responses to a question posed by Commonwealth.
Publication Date: 2024-09-06
Practice Area: Contractual Disputes
Industry: Construction
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2982 EDA 2022
Trial court properly awarded counsel fees to appellee after appellants' confession of judgment complaint was dismissed because appellants lacked a sufficient basis in law or fact to commence the action and the sole purpose of the action was to cause annoyance to appellee. Affirmed.
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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1245 MDA 2023
Appellant appealed the trial court's order dismissing his Post Conviction Relief Act petition after a hearing. The court affirmed, holding that the PCRA court did not err in concluding that appellant could effectively communicate in English for purposes of his plea and sentencing hearing, and thus no Spanish interpreter was required for appellant to communicate with counsel and understand the trial court's proceedings.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1419 WDA 2023
Appellant appealed from the post-conviction court's order denying his petition under the Post Conviction Relief Act. The court affirmed, holding that appellant failed to present a claim cognizable under the PCRA where the crux of his argument was that his case should have been heard in a different venue, namely the county where he physically sold narcotics to a confidential informant.
Publication Date: 2024-08-30
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 668 MDA 2023
Trial court correctly rejected appellant's effort to introduce character witness testimony that was limited to specific conduct, which constituted inadmissible habit evidence. Judgment of sentence affirmed.
Publication Date: 2024-08-30
Practice Area: Insurance Law
Industry: Insurance | Transportation
Court: Superior Court
Judge: Judge Beck
Attorneys: For plaintiff:
for defendant:
Case Number: 793 WDA 2023
Defendant commercial vehicle liability insurer appealed the trial court's orders granting summary judgment in favor of plaintiff and denying its summary judgment motion. The court affirmed, holding that plaintiff, as owner of an insured trucking company, was an "insured" under defendant's policy entitled to receive stacked underinsured motorist coverage under Pennsylvania's Motor Vehicle Financial Responsibility Law.
Publication Date: 2024-08-30
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1481 MDA 2023
Appellant appealed a fine imposed after his conviction of a summary offense relating to vehicle window tint. The court affirmed, holding that appellant was properly convicted of the summary offense of having unlawfully dark window tinting on his vehicle after a patrol officer pulled appellant over and performed a window tint check.
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