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Publication Date: 2021-09-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1041
The trial court properly found that police had probable cause to stop defendant's vehicle for a violation of 75 Pa.C.S. § 4524(e)(1), i.e., illegally tinted windows, where the evidence established that the windows of defendant's car were so darkly tinted that police could not see inside. The appellate court affirmed.
Publication Date: 2021-07-05
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0761
Trial court erred in suppressing evidence as fruit of the poisonous tree where officers saw furtive movements giving rise to safety concern only after entering hotel room without a warrant or consent of the occupants. Judgment of sentence reversed.
Publication Date: 2021-07-05
Practice Area: Wrongful Death
Industry: Insurance | Non-Profit
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0760
Trial court abused discretion in denying insurer's petition to intervene to request special jury interrogatories to determine insurer's coverage obligation to defendants where insurer had no other interest in the wrongful death action and therefore did not cause undue delay with its petition. Order of the trial court reversed, case remanded.
Publication Date: 2021-06-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0702
Police were justified in stopping a vehicle after finding during a license plate check that the vehicle's owner had an active warrant, in the absence of any other information that would reject the inference that the owner was not driving the vehicle. Judgment of sentence affirmed.
Publication Date: 2021-05-24
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0577
Household exclusion could apply to prevent underinsured motorist coverage for accident involving a vehicle covered by a separate policy where that separate policy did not include UIM coverage, meaning there was nothing for UIM benefits in other policies held by the household to stack onto. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2021-05-10
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0520
Where police did not observe any indications of unsafe driving by a motorist ultimately arrested for driving under the influence of controlled substances, there was insufficient evidence to establish that the motorist acted recklessly, let alone knowingly, to support a conviction for endangering the welfare of children. Conviction reversed, judgment of sentence vacated, case remanded for resentencing.
Publication Date: 2021-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0496
Statistical report indicating racial bias in jury selection in capital cases did not constitute newly-discovered evidence where the underlying data had been public record for years prior, meaning that defendant could not rely on the exception to the Post Conviction Relief Act time bar to make his petition timely. Order of the trial court affirmed.
Publication Date: 2021-04-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0419
The trial court erred in construing defendant's challenge to his registration, notification and counseling requirements under the new Sexual Offenders Registration and Notification Act as an untimely Post Conviction Relief Act petition as his challenges to the SORNA requirements were not cognizable under the PCRA. The superior court affirmed on the merits.
Publication Date: 2021-04-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0426
PCRA court erred in granting relief to defendant based on retroactive application of Birchfield v. North Dakota, which could not apply retroactively on collateral review, but remand was necessary to allow defendant to preserve his issues for appellate review. Order of the PCRA court vacated, case remanded.
Publication Date: 2021-03-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0280
Trial court erred in refusing to make a finding of child abuse and in admitting testimony of parent's expert because parents did not meet their burden of showing the medical community generally accepted the scientific methodology used by expert in reaching his conclusion that metabolic bone disease of infancy caused infants' fractures and court disagreed with trial court that publication proved that doctors and scientists in the medical field generally accepted parent's expert's scientific methodology as a means for concluding MBDI ca
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