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  • Commonwealth v. Murphy

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0219

    Defendant could not satisfy the new retroactive exception to the timeliness requirement for a Post Conviction Relief Act petition in the absence of a high court ruling that Commonwealth v Muniz, which addressed the lifetime registration provisions of Sexual Offenders Notification Act, applied retroactively. The appellate court affirmed defendants judgment of sentence.

  • Murray v. Janssen Pharm., Inc.

    Publication Date: 2018-03-06
    Practice Area: Damages | Mass Torts
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0216

    Trial judge properly rejected plaintiffs sufficiency of the evidence challenge in his action against drug company for a failure to warn and properly applied Marylands cap on noneconomic damages but the case had to be remanded regarding the trial courts global motion on the issue of punitive damages. Affirmed in part, reversed in part and remanded.

  • Graham v. Flippen

    Publication Date: 2018-02-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0173

    Petitioner entitled to expungement of PFA records, as a matter of law, where no finding of abuse made in any of the PFA proceedings. Order of the trial court reversed.

  • Commonwealth v. Presher

    Publication Date: 2018-02-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0170

    Trial court erred in applying statutory fingerprinting requirement upon individual following his acquittal on all charges, since the individuals acquittal meant he was no longer a defendant within the meaning of the fingerprinting statute. Order of the trial court reversed.

  • Commonwealth v. Motley

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0135

    Defendants sentences for his two robbery convictions were illegal where the commonwealth adhered to the requirements for invoking the application of 42 Pa.C.S. §9714, addressing sentences for second and subsequent offenses, but the trial court failed to impose the mandatory minimum sentence. The court vacated defendants judgment of sentence.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Commonwealth v. Raglin

    Publication Date: 2018-02-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0138

    Suppression motion properly denied where defendant was observed in high-crime area immediately after report of gunshots, and thereafter immediately attempted to evade police, providing reasonable suspicion to engage in a stop and investigative detention. Judgment of sentence affirmed.

  • S.N.M v. M.F.

    Publication Date: 2017-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1819

    Trial court abused its discretion in ordering genetic testing and finding that father was not childs biological father because father had signed an acknowledgment of paternity as part of a custody agreement that was made an order of the court, 23 Pa.C.S. §5103(a), (d) and (g) governed and established the childs paternity in these circumstances and it could no longer be challenged and father was childs legal father. Reversed.

  • In Re: A.S.D.

    Publication Date: 2017-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1807

    Trial court erred in denying a name change petition filed by transgendered person, where petitioner had met statutory prerequisites for name change. Order of the trial court vacated, case remanded.

  • Commonwealth v. Stahl

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1767

    Motion for judgment of acquittal in rape trial properly denied where victim testified to being severely intoxicated and passing out during the sexual encounter at issue, which was sufficient to demonstrate the victims lack of consent. Order of the trial court affirmed.

  • Krishnan v. The Cutler Group, Inc

    Publication Date: 2017-10-24
    Practice Area: Business Torts | Civil Appeals | Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Presiding Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1599

    Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.