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  • In re: B.J.Z.

    Publication Date: 2019-04-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0456

    Involuntary termination of parental rights affirmed where trial court could admit statements setting forth older children's preferences for termination and where evidence supported finding that parent was unlikely to remedy conditions for removal. Orders of the trial court affirmed.

  • In re: Adoption of: B.G.W.

    Publication Date: 2019-04-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0394

    Trial court did not err in requiring physical contact between child and birth parent during post-adoption contact agreement visits where such interaction was implicitly contemplated by PACA as it was acceptable to the parties prior to the agreement and fostered agreement's goal of maintaining child's ongoing relationship with birth parent. Order of the trial court affirmed.

  • Commonwealth v. Williams

    Publication Date: 2019-04-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0358

    Failure to file multiple notices of appeal from a judgment or order concerning multiple dockets, after case law was handed down requiring multiple notices of appeal, required quashal of a single notice of appeal from four dockets. Appeal quashed.

  • Commonwealth v. McClelland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0202

    A criminal defendant could not be convicted of conspiracy to commit homicide where homicide was not an object of the defendant's burglary conspiracy and a conspiracy to commit homicide could not arise as a natural and probable consequence of another completely different conspiracy. Judgment of sentence reversed in part, case remanded.

  • Commonwealth v. Cryan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0175

    The trial court properly concluded that defendant's New York conviction for tampering with a witness was not substantially similar to the Pennsylvania crime of intimidation of a witness such that he was not subject to charges for possession of a firearm by persons prohibited under 18 Pa.C.S. §6105(a)(1). The appellate court affirmed an order dismissing charges.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

    View this Book

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  • Commonwealth v. Finnegan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0173

    Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.

  • Commonwealth v. Finnegan

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0173

    Defendant's mandatory minimum sentence under 35 P.S. §780-113(k) did not violate Alleyne, as his guilty plea to manufacturing the specific controlled substance of methamphetamine triggered the application of 35 P.S. §780-113(k), not any factual findings of the sentencing court. The appellate court affirmed defendant's judgement of sentence.

  • Commonwealth v. Laird

    Publication Date: 2019-01-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1585

    Claims of ineffectiveness of PCRA counsel could not be advanced in an untimely PCRA petition, which still had to meet one of the statutory exceptions to the PCRA time-bar. Order of the PCRA court affirmed.

  • Commonwealth v. Predmore

    Publication Date: 2018-12-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1485

    Dismissal of attempted homicide charge affirmed where commonwealth failed to present prima facie evidence that defendant had formed specific intent to kill the victim. Order of the trial court affirmed.

  • Commonwealth v. DeCosta

    Publication Date: 2018-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1284

    Where the commonwealth failed to prove by a preponderance of the evidence that defendant was absent from his trial without cause, the trial court erred in denying defense counsel's request to stay the return of verdict, thereby violating defendant's statutory right to be present. The appellate court reversed and remanded.