• Commonwealth v. Watkins

    Publication Date: 2024-05-03
    Practice Area: Criminal Law | Social Media
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 800 MDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his jury trial conviction of receiving stolen property and driving on a suspended license. The court affirmed, holding that the trial court did not err in admitting into evidence screenshots taken from appellant's Facebook account, which appellant utilized to offer stolen items for sale, where the digital evidence was amply authenticated by law enforcement testimony, victim testimony, and account records procured from Facebook's parent corporation.

  • Commonwealth v. Rosario

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1430 MDA 2023

    Appellant appealed the trial court's order denying his petition for post-conviction relief. The court affirmed, holding that appellant did not receive ineffective assistance of counsel where his trial attorney recommended that he accept a favorable plea deal immediately before trial instead of pursuing a speedy trial motion that was unlikely to succeed in light of an adverse judicial ruling that Rule 600 computations were suspended during the COVID-19 pandemic.

  • Commonwealth v. Laughman

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1315 MDA 2023

    Appellant appealed the trial court's judgment of sentence, which imposed a "no alcohol" probation condition at the conclusion of probation revocation proceedings. The court held that the trial court acted within its discretion in imposing a "no alcohol" condition on appellant's probation after appellant relied on alcohol to commit probation violations.

  • Commonwealth v. Duncan

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1103 EDA 2023

    Appellant appealed the trial court's judgment of sentence on her bench trial conviction for driving under the combined influence of alcohol and a drug or drug combination. The court vacated appellant's conviction, holding that evidence was insufficient to support appellant's conviction where a police officer merely saw a "wet" cigarette in appellant's vehicle during an encounter in an area known for drug trafficking.

  • Kopinetz v. Waste Mgmt. & Processors, Inc.

    Publication Date: 2024-05-03
    Practice Area: Employment Litigation
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1344 MDA 2023

    Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Pollick

    Publication Date: 2024-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 626 MDA 2022

    Appellant appealed the trial court's judgment of sentence imposed for exceeding the maximum speed limit following a summary appeal. The court affirmed, holding that Commonwealth's prima facie evidence that a trooper's speedometer was accurate supported appellant's conviction for speeding.

  • Commonwealth v. Nestor

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 460 EDA 2023

    Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.

  • Commonwealth v. Santiago-Burgos

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 573 MDA 2023

    Appellant appealed the trial court's judgment of sentence following his jury conviction on three counts of possession with the intent to deliver a controlled substance and related crimes. The court affirmed, holding that the trial court did not err in allowing Commonwealth to introduce at trial photographic evidence of appellant's chest tattoo, which depicted a scale, drugs and money.

  • Fisher v. Am. Int'l Indus.

    Publication Date: 2024-04-26
    Practice Area: Products Liability
    Industry: Consumer Products | Manufacturing
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 106 EDA 2023

    Asbestos defendant appealed the trial court's judgment awarding damages to appellee plaintiff after a jury trial. The court affirmed in part, vacated in part, and remanded, holding in pertinent part that the trial court erred in apportioning strict asbestos liability among remaining defendants on plaintiff's claims on a non-pro-rata basis, as was required under the Fair Share Act.

  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.