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  • Commonwealth v. Lambert

    Publication Date: 2021-01-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0000

    The trial court did not err in granting defendant's petition for writ of habeas corpus and dismissing all charges where the commonwealth failed to put forth any evidence at the habeas corpus proceeding despite the fact that there was no record of the preliminary hearing resulting in the charges being held over for court. The superior court affirmed.

  • Adams v. Rising Sun Med. Ctr.

    Publication Date: 2021-01-11
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0002

    The trial court committed reversible error in precluding plaintiff from offering evidence of decedent's statements to medical personnel about her symptoms and family medical history, as such testimony was admissible under the medical treatment hearsay exception in Pa.R.Evid. 803(4), which does not require testimony from a health care provider. The superior court granted plaintiff a new trial.

  • Acme Markets, Inc. v. Seltzer

    Publication Date: 2020-12-28
    Practice Area: Personal Injury
    Industry: Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1405

    The trial court did not err in finding that the plaintiff store was the rightful owner of a lottery ticket where defendant, a store employee, acted surreptitiously in locating and purchasing the ticket, which was printed by mistake, only after learning that the ticket was a winner worth over $4 million. The appellate court affirmed.

  • Commonwealth v. Mojica

    Publication Date: 2020-12-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1345

    Criminal defendant's mere allegation that he requested filing of a direct appeal was not enough to warrant PCRA relief where trial counsel credibly testified that defendant had made no such request. Order of the PCRA court affirmed.

  • Hanrahan v. Ketch

    Publication Date: 2020-11-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1296

    Trial court erred in refusing to exercise its concurrent jurisdiction under 28 U.S.C. §1334 to grant husband's motion for special relief and to order wife to pay husband the debt she owed under the property settlement agreement because Bankruptcy Abuse Prevention and Consumer Protection Act made wife's debt to husband under the PSA automatically excepted from discharge and trial court had concurrent jurisdiction to acknowledge the surviving debt and enforce the obligation. Order reversed.

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  • Commonwealth v. Johnson

    Publication Date: 2020-10-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1154

    The trial court erred in determining that defendant's robbery conviction was a "second strike offense" under 42 Pa.C.S. §9714 where his 2010 conviction for third-degree aggravated assault in New Jersey was not a "crime of violence" as defined in Pennsylvania. The superior court vacated the sentence and remanded for resentencing.

  • Commonwealth v. Morgan

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1054

    Authorities' failure to secure defendant's extradition from another state following his conviction on separate charges in that state meant that the commonwealth failed to exercise due diligence in securing defendant's appearance in violation of Rule 600. Judgment of sentence vacated, conviction reversed.

  • Commonwealth v. Betts

    Publication Date: 2020-09-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1050

    Where defendant's timely allegations of ineffective assistance of counsel created a substantial and irreconcilable conflict in his relationship with his trial attorney, the superior court ordered the appointment of substitute Post Conviction Relief Act counsel to ensure that defendant's interests were adequately represented and his right to counsel fully realized. The superior court vacated the lower court's order and remanded.

  • Lageman v. Zepp

    Publication Date: 2020-08-03
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0816

    Plaintiff entitled to res ipsa loquitor instruction where defendant's testimony and plaintiff's experts' testimony establish that the medical harm suffered would not have occurred in the absence of negligence.

  • Charlton v. Troy

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0782

    The trial court erred in allowing plaintiffs' counsel to cross-examine the defendant physician, who testified as a fact witness, about the contents of a medical textbook that he did not recognize as authoritative, causing extreme prejudice to defendants. The superior court vacated the substantial jury verdict and remanded for a new trial.