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  • Commonwealth v. Fitzgerald

    Publication Date: 2022-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 644 WDA 2021

    Trial court erred in excluding 911 call and bodycam footage of EMS treatment where such evidence was nontestimonial as interactions between the alleged victim and first responders were intended to ascertain the nature of the emergency and the extent of the victim's injuries. Order of the trial court reversed, case remanded.

  • In the Interest of M.E.

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 113 WDA 2022

    Parents appealed the involuntary termination of their parental rights and court found no abuse of discretion because father's nolo contendere plea to aggravated abuse of infant was enough to satisfy the statute, mother did not fully address the underlying conditions and Allegheny County Children Youth and Families met its burden under §2511(a) and §2511(b). Affirmed.

  • Commonwealth v. Ruffin

    Publication Date: 2022-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0992

    Police had probable cause to initiate traffic stop for license plate frame that obscured state tourism website address where motor vehicle code prohibited obscuring of license plates "in any manner." Order of the trial court reversed, case remanded.

  • Commonwealth v. Young

    Publication Date: 2022-08-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0944

    Court found that when there was a Commonwealth v. Walker, 185 A.3d 969, defect in an appeal to which Pa.R.A.P. 902 applied, the default position was that it was appropriate to allow correction and only stray from the rule's preference for good cause and commonwealth ought to have the opportunity to correct its failure to file separate notices of appeal at each of the six docket numbers. Remanded.

  • U.S. Bank Trust Nat'l Ass'n v. Unknown Heirs

    Publication Date: 2022-06-27
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0702

    The trial court erred in denying a motion to strike off a discontinuance where the party seeking the discontinuance essentially sought to vacate by praecipe a court order entering judgment without involving the trial court or providing the opposing party with an opportunity to be heard. The superior court reversed.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • In the Interest of: E.L.W.

    Publication Date: 2022-05-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0481

    Trial court erred in adjudicating juvenile delinquent for terroristic threats where court expressly found that juvenile had not appreciated or considered the risks of their social media post proposing looting a retail store, as the terroristic threats statute required an offender to consciously disregard the risks of their threat. Order of the trial court vacated.

  • In re Private Criminal Complaint

    Publication Date: 2022-03-14
    Practice Area: Criminal Law
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0278

    Trial court erred in dismissing animal protection organization's petition for review of the disapproval of its private criminal complaints because organization presented sufficient evidence to show a prima facie case of animal neglect, cruelty and aggravated cruelty with respect to incidents of improper movement of downer cows, excessive shocking, tail pulling and calf dehorning. Reversed in part.

  • Estate of Chennisi

    Publication Date: 2022-03-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0243

    Orphans' court erred in holding decedent's September 11th Victim's Compensation Fund award was not made pursuant to the Air Transportation Safety and System Stabilization Act but correctly held that the award was an asset of decedent's estate, subject to administration by the executor. Affirmed in part and reversed in part.

  • Commonwealth v. May

    Publication Date: 2022-02-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0224

    Trial court did not impose illegal sentence that included a fine without first conducting an ability-to-pay hearing, since such hearings were not required for statutorily-mandated fines where the defendant was not facing incarceration for failing to pay the fine. Judgment of sentence affirmed.

  • In the Interest of: A.J.R.O.

    Publication Date: 2022-02-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0194

    Decree involuntarily terminating parental rights sua sponte vacated where trial court failed to determine whether guardian ad litem had conflict of interest in also serving as child's legal counsel. Decree vacated, case remanded.