• Commonwealth v. Greer

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 386 MDA 2022

    Court erred in ordering Post Conviction Relief Act counsel to file a merits brief where defendant suggested he wished to pursue ineffectiveness claims against counsel. Order of the trial court vacated, case remanded.

  • Commonwealth v. Holley

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 766 WDA 2023

    Retrieving and holding a firearm in a position ready to fire in a group of juveniles in an area known for fights and shooting was sufficient to give police reasonable suspicion that the holder of the firearm was engaged in or planned to commit criminal activity. Order of the trial court vacated, case remanded.

  • McNeal v. M & J Auto Repair

    Publication Date: 2024-08-30
    Practice Area: Personal Injury
    Industry: Automotive
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2507 EDA 2023

    Court properly amended judgment to substitute owner of non-legal business entity in judgment where the owner knew of the action by signing the answer verification and would have been named as the defendant but for a mistake in the identity of the proper party. Order of the trial court affirmed.

  • Commonwealth v. Stevens

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1495 MDA 2023

    Appellant appealed the trial court's judgment of sentence on his jury conviction of two counts each of possessing an offensive weapon and possessing a weapon or implement of escape. Appellant argued that the offense of prohibited offensive weapons was a lesser included offense of the crime of weapons or implements of escape. The court affirmed, holding as a matter of first impression that the offenses did not merge for purposes of sentencing.

  • Kennedy v. Crothall Healthcare, Inc.

    Publication Date: 2024-08-23
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 383 EDA 2023

    After plaintiff waived her general personal jurisdiction argument, the trial court did not err in dismissing defendants for lack of personal jurisdiction where the only connection to the events giving rise to plaintiff's claims was the tendering of payment for the defective equipment to a lockbox in Pennsylvania. Orders of the trial court affirmed.

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  • Hall v. Bartron

    Publication Date: 2024-08-23
    Practice Area: Family Law
    Industry: Agriculture | Construction | Retail
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1686 MDA 2023

    Mother appealed the trial court's order setting father's child support obligation after she sought upward modification. The court affirmed in part, vacated in part, and remanded, holding that the trial court did not abuse its discretion when it failed to include the profits of father's closely-held corporation in its calculation of father's monthly net income, when it failed to include rental incomes paid by the corporation to father, or when it annualized mother's personal injury settlement until the couple's child turned 18 rather t

  • Commonwealth v. Cruz

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2084 EDA 2020

    Appellant appealed the dismissal of his Post Conviction Relief Act petition. The court affirmed, overruling prior authority and holding that appellant's allegation of illegal sentencing in violation of Apprendi was subject to harmless error review. The court concluded that in appellant's case, he suffered no illegal sentence where, despite a Sixth Amendment violation, the Apprendi sentencing error was harmless.

  • Commonwealth v. Peters

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2591 EDA 2021

    Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.

  • Sunoco (R&M), LLC v. Pennsylvania Nat'l Mut. Cas. Ins. Co.

    Publication Date: 2024-08-23
    Practice Area: Damages
    Industry: Energy | Insurance | Retail
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1403 EDA 2023

    Insurer was obligated to provide defense in underlying action that initially alleged the existence of a franchise agreement, pursuant to insurance policy's franchisor endorsement, but insurer had no indemnification obligation where underlying action ultimately established a lack of a franchise relationship. Order of the trial court affirmed in part and reversed and remanded in part.

  • In re: J.G.

    Publication Date: 2024-08-23
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 28 WDA 2023

    Court overturned continued involuntary commitment for mental health treatment where there was no supporting evidence supporting a finding that individual posed a risk of causing herself severe or fatal injury due to her mental health issues. Order of the trial court reversed.