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  • 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.

  • Commonwealth v. Tighe

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0472

    The trial court did not err in limiting defendants cross-examination of his minor accuser by mandating that standby counsel ask the victim defendants question on cross examination since defendants constitutional rights were not violated by the courts measures. The appellate court reversed defendants conviction on other grounds.

  • In the Interest of M.R.F, III, a minor

    Publication Date: 2018-04-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0452

    Although foster parents entitled to intervene in dependency proceeding as a preadoptive resource, such right was limited to challenging removal of child from foster home. Order of the trial court affirmed.

  • Commonwealth v. Kehr

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0253

    Criminal defendant could not withdraw guilty plea based on subsequent change in the law without establishing counsels ineffective assistance in advising the plea despite the pending change in the law.

  • Commonwealth v. Johnson

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0218

    Defendant waived any claim that he was coerced into entering a guilty plea since such a claim could have been presented on direct appeal as a challenge to the voluntariness of his plea and failed to demonstrate that trial counsels advice to accept the plea was not within the range of constitutionally competent advice. The appellate court affirmed defendants judgment of sentence.

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  • J.C. v. K.C.

    Publication Date: 2018-02-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0206

    Trial court erred in relinquishing jurisdiction over custody litigation to another state, where trial court failed to provide parties with notice and record of conversations between trial courts and denied parties opportunity to submit facts and legal argument on the issue of jurisdiction. Orders of the trial court reversed, case remanded.

  • Moody v. Lehigh Valley Hosp.- Cedar Crest

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0147

    Trial court abused its discretion in refusing to consider evidence presented by administrators of decedents estate to refute the alleged oppressiveness of venue in Philadelphia. Reversed.

  • Commonwealth v. Tejada

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1902

    Trial courts removal of pro se defendant and conducting of a trial in absentia constituted non-frivolous appellate issue due to the denial of any representation of defendants interests at trial. Counsels motion to withdraw denied.

  • In re Estate of Caruso

    Publication Date: 2018-01-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1909

    Trial court erred in relying on the dead mans act to grant summary judgment in favor of executrix in appellants action seeking specific performance of a partnership agreement and a declaration that a purported merger of the partnership into a LLC was null and void because appellant produced sufficient evidence in the form of documents to raise a genuine issue of material fact as to whether the partnership continued and the validity of the merger did not hinge on appellants ability to testify. Reversed.

  • Commonwealth v. Karash

    Publication Date: 2017-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1763

    Pursuant to Commonwealth v. Banellis, the prefatory language of 75 Pa.C.S. §3323(b) constituted an element of the offense and thus required the commonwealth to present evidence on whether a police officer directed defendant to proceed through a stop sign in order to demonstrate that he violated his duties as a motorist at a stop sign. The court reversed defendants judgment of sentence.