• Commonwealth v. Palmer

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0827

    Jury could convict for aggravated assault either by finding that bullet striking identified victim was meant for another unidentified person or that defendant caused serious bodily injury while engaging in reckless behavior by firing a weapon in public in the direction of other people. Judgment of sentence affirmed.

  • Commonwealth v. Katona

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0789

    Search warrant was valid where, based on police surveillance and information orally relayed by reliable confidential informant, obviating need to consider legality of multi-day consensual in-home intercept. Judgment of sentence affirmed.

  • Commonwealth v. Tejada

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0710

    Criminal defendant could not forfeit right to representation through poor behavior, and as such trial court erred in failing or refusing to appoint standby counsel after ruling that defendant forfeited his rights to be present at trial and to self-representation. Judgment of sentence vacated, case remanded for retrial.

  • Johnson v. Phelan Hallinan & Schmieg, LLP

    Publication Date: 2018-06-19
    Practice Area: Class Actions | Creditors' and Debtors' Rights
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0706

    Amended statutory monetary limit for protected residential mortgages did not apply retroactively where the statute encompassed substantive remedies not contemplated by the parties at the time of their contract formation. Order of the trial court affirmed.

  • Zimmerman v. Alexander Andrew, Inc.

    Publication Date: 2018-06-19
    Practice Area: Products Liability
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0698

    Plaintiff's misuse of a safety harness while cutting down a tree did not serve as grounds for granting summary judgment in favor of the defendant harness manufacturer under a design defect theory because the evidence did not establish that the misuse solely caused plaintiff's accident and that an alleged design defect did not contribute. The appellate court reversed and remanded.

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  • Commonwealth v. Ward

    Publication Date: 2018-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0712

    Commonwealth presented sufficient evidence to disprove defendant's assertion of self-defense through defendant's conflicting accounts of the incident, defendant's attempts to conceal evidence, and medical expert testimony directly contradicting defendant's version of the incident provided at trial. Judgment of sentence affirmed.

  • In the Interest of A.W.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0611

    Juvenile court authorized to grant legal custody to DHS and empower it to make routine medical decisions on behalf of children in its custody, even over the objections of a child's parent, guardian, or custodian. Order of the juvenile court affirmed.

  • Commonwealth v. Robinson

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0574

    Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.Court affirmed the PCRA court's dismissal of appellant's PCRA petition, alleging his trial counsel was ineffective due to counsel's deteriorated mental state from cocaine use. Affirmed.

  • Fotopoulos v. Fotopoulos

    Publication Date: 2018-05-15
    Practice Area: Expert Witnesses | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0576

    Trial courts preliminary order and decree permitting entry of the divorce decree were proper because husbands challenge to the telephonic testimony of wifes medical expert at the masters hearing failed. Affirmed

  • Commonwealth v. Markum

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0566

    In this case of first impression, the appellate court concluded that immunity under the Drug Overdose Response Act is not a defense and is nonwaivable and that the act served to bar this prosecution against defendant, who was found unresponsive in a hotel. The appellate court vacated defendants judgment of sentence.