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  • Commonwealth v. Gorman

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0416

    The evidence was sufficient to support defendants conviction on charges of theft by unlawful taking in violation of 18 Pa.C.S. §3921(a) and related offenses where he spent a funeral honor guards money on personal items such as furniture and country club memberships. The appellate court affirmed a trial court order denying defendant relief.

  • Commonwealth v. Kitchen

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0322

    False ID conviction erroneous where defendant not told by police officers that she was the subject of an official investigation of a violation of the law. Judgment of sentence reversed in part and affirmed in all other parts.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0252

    Single victims testimony was sufficient, uncorroborated, to find each element of the offenses of robbery and conspiracy beyond a reasonable doubt. Judgment of sentence affirmed.

  • 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.

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  • 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.

  • 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.