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  • Commonwealth v. Fudge

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0769

    The trial court abused its discretion and usurped the normal process of defendant's criminal trial when it sua sponte recorded a guilty verdict on the charge of driving under the influence after the jury indicated that it could not reach a unanimous decision on that charge. The appellate court vacated in part defendant's judgment of sentence.

  • Hess v. Hess

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0717

    Court affirmed trial court's equitable distribution of marital estate that included retirement pension where trial court declined to engage in "double dipping" to use pension income to determine the distribution percentages. Order of the trial court affirmed.

  • Commonwealth v. Harris

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0686

    Appellant asserted errors in the trial court's expungement order and trial court acknowledged certain clerical errors and court found other errors in the order and remanded for the order to be reissued. Remanded.

  • Commonwealth v. Baker-Myers

    Publication Date: 2019-06-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0671

    Defendant successfully argued that the commonwealth's evidence was insufficient to convict him of corruption of minors, graded as a third-degree felony, where the jury acquitted him of the chapter 31 sexual offenses of rape, sexual assault, aggravated indecent assault and indecent assault. The appellate court affirmed in part and vacated in part defendant's judgment of sentence.

  • Commonwealth v. Kane

    Publication Date: 2019-06-03
    Practice Area: Criminal Appeals
    Industry: Education | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0595

    The trial court properly concluded that defendant did not have a reasonable expectation of privacy in the contents of his cell phone where he abandoned the phone and left it turned on and recording in a public bathroom of a co-ed college dormitory. The appellate court affirmed defendant's judgment of sentence.

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  • R.L. v. M.A.

    Publication Date: 2019-05-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0612

    Trial court properly awarded shared legal and physical custody to biological mother and her former romantic partner who had been granted in loco parentis standing because trial court analyzed the 23 Pa.C.S. §5328 custody factors and the record supported the trial court's findings. Affirmed.

  • Commonwealth v. Payne

    Publication Date: 2019-05-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0575

    PCRA court erred in denying relief from first-degree murder conviction based on after-discovered DNA evidence when that evidence refuted the theory upon which the degree-of-guilt panel placed significant or exclusive evidence to find that defendant committed murder of the first-degree. Order of the PCRA court reversed.

  • Commonwealth v. Duke

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0478

    The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.

  • Buchan v. Milton Hershey Sch.

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure
    Industry: Education
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0429

    The trial court properly sustained defendants' preliminary objection based on the applicable statute of limitations and dismissed plaintiff's state suit based on its finding that, in the absence of an order from the federal court, plaintiff's earlier filed and timely federal court action did not toll the statute of limitations on her state claims. The appellate court affirmed.

  • J. & S. O. v. C.H.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0426

    Automatic child custody standing statute for grandparents of a child with deceased parent did not violate due process or equal protection rights of surviving parent where the statute served compelling state interest of protecting and promoting child emotional well-being by ensuring continued long-standing and beneficial grandparent-child relationships. Order of the trial court affirmed.