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  • Walker v. Walker

    Publication Date: 2024-08-23
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 787 WDA 2023

    The trial court did not abuse its discretion in admitting text messages and emails that were sufficiently authenticated by appellee's testimony. Appellant's judgment of sentence affirmed.

  • Smith v. O'Brien

    Publication Date: 2024-08-23
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 837 EDA 2022

    Trial court erred in applying Child Protective Services Law to reject wife's invocation of spousal privilege to resist deposition on her conversations with her late husband regarding child sexual abuse allegations against him, where alleged victim failed to overcome presumption in favor of confidentiality of spousal communications. Order of the trial court reversed.

  • Commonwealth v. Lapaglia

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1332 WDA 2023

    Appellant appealed from judgments of sentence entered on a jury conviction for burglary and related crimes. The court affirmed, holding that appellant was timely tried for purposes of Pa.R.Crim.P. 600 where he was brought to trial more than two months before his adjusted Rule 600 run date in light of excludable delays that included COVID-19 pandemic court closures.

  • Commonwealth v. Coleman

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2024

    Appellant appealed from the trial court's judgment of sentence entered after resentencing on his guilty pleas to certain crimes. The court affirmed, holding that appellant received "the benefit of his bargain" under his negotiated plea agreement where his new sentence was consistent with what he had agreed to, as corrected to avoid an illegality present in his initial sentencing.

  • Commonwealth v. Robinson

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1230 MDA 2023

    Court remanded Post Conviction Relief Act case on appeal where defendant alleged that he had been abandoned by PCRA counsel, which supported allowing the PCRA court to hold a Grazier hearing to determine whether defendant wished to be represented by counsel and appoint new counsel if necessary to allow defendant to pursue ineffective assistance claims against current counsel. Case remanded for further proceedings on Grazier claims. Bradley application for remand denied.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Commonwealth v. Ramirez-Contreras

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 720 MDA 2023

    Plea counsel was deficient where she failed to investigate defendant's immigration status and thus failed to advise him of the immigration consequences of his guilty plea, where defendant's priority was to return to work to support his family in the U.S. Order of the Post Conviction Relief Act court reversed, conviction vacated.

  • Commonwealth v. Pearson

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1623 MDA 2023

    Appellant appealed the trial court's order denying his "notice of appeal." The court affirmed, holding that the trial court properly denied appellant's pleading, which was an untimely subsequent Post Conviction Relief Act petition that sought reinstatement of appellant's rights to appeal nunc pro tunc an order of the trial court that denied appellant's motion for DNA testing.

  • PG Publ'g Co., Inc. v. Pittsburgh Typographical Union #7

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1035 WDA 2023

    Trial court properly denied appellant's motion for permanent injunction seeking to enjoin unions from "trespassing" on appellant's "private property" at building during a labor dispute because appellant did not establish unions caused property damage, engaged in violence, or seized appellant's property and did not err by determining that the National Labor Relations Act preempted appellant's request for an injunction premised upon Pennsylvania trespass law and that the instant dispute was a labor dispute subject to the Labor Anti-Inju

  • Commonwealth v. Miyares

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 574 WDA 2023

    Appellant appealed the trial court's judgment of sentence entered on his bench trial convictions for two counts of harassment. The court affirmed, holding that appellant's convictions were supported by sufficient evidence where appellant repeatedly directed a raised middle finger toward apartment neighbors' security camera, including one instance in which appellant shouted the term "gay bitch" as a personal, abusive epithet.

  • Commonwealth v. Carter

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 432 WDA 2023

    Commonwealth appealed the trial court's order granting defendant's motion in limine to preclude "other bad acts" evidence from being introduced in defendant's criminal homicide trial. The court affirmed in part and reversed in part, holding that the trial court did not err in excluding evidence showing that defendant shot a witness to his crime while they were both in another state, but that the trial court did err in excluding evidence that defendant fled to that state after committing his alleged Pennsylvania crime.