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  • 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.

  • S.W. v. S.F.

    Publication Date: 2018-10-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1178

    The trial court properly conducted an ex parte proceeding pursuant to 23 Pa.C.S.§6107(b)(1) where a minor child's father petitioned for a temporary protection from abuse order alleging immediate and present danger of abuse to his minor daughter from the child's mother. The appellate court affirmed an order granting a protection from abuse order.

  • Commonwealth v. Smith

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0918

    PCRA petition properly dismissed where defendant failed to demonstrate due diligence in support of governmental interference and newly-discovered evidence exceptions to the PCRA time bar and where habeas claim was waived for failure to raise it at sentencing. Order of the PCRA court affirmed.

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  • Commonwealth v. Rouse

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0792

    Void-for-vagueness due process challenge could be raised in a habeas corpus petition and was not an illegal sentence challenge cognizable under the PCRA, but failure to raise the claim at or after sentence rendered it waived. Order of the trial court affirmed.

  • State Farm Automobile Ins. Co. v. Dooner

    Publication Date: 2018-06-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0765

    Trial court properly granted summary judgment in favor of passenger's automobile insurer where passenger grabbed steering wheel from driver and caused the car to wreck because passenger's act of grabbing the steering wheel did not constitute possession of the vehicle and if it did, the possession was not lawful. Affirmed.

  • Commonwealth v. Weber

    Publication Date: 2018-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0759

    Trial court erred in precluding evidence of statutory personal safety defense to eluding charges by analyzing weight or credibility of defendant's prima facie evidence. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Kretchmar

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0707

    PCRA petition was untimely where petitioner could not invoke retroactive constitutional rule exception as cited case merely constituted statutory construction rather than citation of constitutional rule or rule of criminal procedure. Order of the PCRA court affirmed.

  • Commonwealth v. Bebout

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0603

    Defendant failed to meet his burden of demonstrating that the trial court sentenced him to a de facto life without parole sentence for crimes committed when he was just a juvenile given the meaningful opportunity for his release from prison at age 60. The appellate court affirmed defendant's judgment of sentence.