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  • Commonwealth v. Perkins

    Publication Date: 2023-04-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2191 EDA 2021

    Trial court erred in finding defendant in direct criminal contempt where defendant threatened a witness outside of the courtroom and out of the presence of the trial judge. Conviction and judgment of sentence vacated.

  • Commonwealth v. Stoops

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 459 MDA 2022

    The trial court did not err in ordering defendant to pay restitution as part of his sentence resulting from an unlawful car chase where defendant's flight from police was the but-for cause of the damage to police vehicles. The appellate court affirmed.

  • Commonwealth v. Journo

    Publication Date: 2023-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1351 WDA 2021

    Rule of Specialty did not bar prosecution of offenses other than the specific offense that defendant was extradited for, where those other offenses arose from the same criminal conduct as the extraditing offense and the extraditing country expressly stated that it did not object to prosecution. Judgment of sentence affirmed.

  • In re Adoption of K.E.G.

    Publication Date: 2023-01-30
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1088 MDA 2022

    Mother appealed denial of her petition to terminate father's parental rights and court found trial court's failure to appoint an attorney to represent child's legal interests constituted structural error. Vacated and remanded.

  • Iron City Constr. Inc. v. Westmoreland Wooded Acres Inc.

    Publication Date: 2023-01-23
    Practice Area: Contracts
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 161 WDA 2022

    Denial of petition to strike lis pendens was not an appealable order as it did not impair property rights and therefore did not fall within the collateral order doctrine. Appeal quashed.

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  • Commonwealth v. Reed

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 316 WDA 2022

    Trial court erred in imposing incarceration for parole violation of failure to pay fines and costs without first conducting an ability-to-pay hearing, even though defendant had been found guilty of other parole violations as well. Judgment of the trial court reversed, case remanded for further proceedings.

  • Commonwealth v. Lake

    Publication Date: 2022-08-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0963

    A jury could reasonably infer that defendant was aware that the practical certainty of his breaking the victim's phone while he was assaulting her would prevent her from contacting to police; thus, the evidence was sufficient to support a finding that defendant had the mens rea to commit the crime of intimidation. The appellate court affirmed.

  • In re: Interest of Minor C.K.M.

    Publication Date: 2022-08-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0853

    The juvenile court did not abuse its discretion when it concluded that the time limitation imposed by §6353 of the Juvenile Act applied only to appellant's initial commitment, not his total commitment, and thus denied his recent motion for release from placement. The appellate court affirmed.

  • Commonwealth v. Cooper

    Publication Date: 2022-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0711

    Trial court could not anticipatorily revoke probation where a defendant, who had been sentenced to a consecutive term of probation, committed a criminal act while still on parole. Order of the trial court vacated in part and affirmed in part.

  • Commonwealth v. Risoldi

    Publication Date: 2022-06-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0617

    Trial court imposed illegal sentence by failing to consider defendant's eligibility for participation in reentry plan, where sentencing code expressly stated that trial courts "shall" consider eligibility in imposing sentence. Judgment of sentence affirmed in part, remanded for resentencing.