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  • Commonwealth v. Cook

    Publication Date: 2024-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 510 WDA 2023

    Court reversed forfeiture of Post Conviction Relief Act counsel where defendant's conduct did not delay the proceedings. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. Payne

    Publication Date: 2024-11-01
    Practice Area: Criminal Law
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1345 WDA 2023

    Appellant appealed the trial court's judgments of sentence entered on her convictions of receiving stolen property and access device fraud. The court affirmed, holding that Commonwealth's evidence was sufficient to support appellant's conviction for RSP where appellant deposited checks into her personal bank account, and then promptly withdrew the funds, under circumstances showing that she had no reasonable belief she was entitled to the funds. The court held further that the evidence was sufficient to support appellant's conviction

  • Commonwealth v. Kolesar

    Publication Date: 2024-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 355 WDA 2024

    Appellant appealed the trial court's judgment of sentence entered on his convictions for driving under the influence and other crimes. The court affirmed, holding that appellant was properly ordered to serve sentence on his fifth DUI conviction consecutively to his other DUI sentences pursuant to 75 Pa.C.S. § 3804(c.2).

  • Commonwealth v. Camacho

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 62 EDA 2024

    Appellant appealed the trial court's judgment of sentence entered on his multiple convictions arising from a traffic stop. The court reversed the trial court's denial of appellant's motion to suppress, vacated judgment of sentence, and remanded, holding that no exigent circumstances of officer or public safety supported the warrantless search of appellant's vehicle, which was suspected of having a firearm inside, where appellant and his passenger had been removed from the vehicle and secured at the scene in handcuffs.

  • Keefer v. Klinger

    Publication Date: 2024-09-13
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1652 MDA 2023

    Court quashed appeal where partial judgment on the pleadings left multiple disputes outstanding. Appeal quashed.

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  • Commonwealth v. Lopez

    Publication Date: 2024-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 668 MDA 2023

    Trial court correctly rejected appellant's effort to introduce character witness testimony that was limited to specific conduct, which constituted inadmissible habit evidence. Judgment of sentence affirmed.

  • Walker v. Walker

    Publication Date: 2024-08-23
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 787 WDA 2023

    The trial court did not abuse its discretion in admitting text messages and emails that were sufficiently authenticated by appellee's testimony. Appellant's judgment of sentence affirmed.

  • Smith v. O'Brien

    Publication Date: 2024-08-23
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 837 EDA 2022

    Trial court erred in applying Child Protective Services Law to reject wife's invocation of spousal privilege to resist deposition on her conversations with her late husband regarding child sexual abuse allegations against him, where alleged victim failed to overcome presumption in favor of confidentiality of spousal communications. Order of the trial court reversed.

  • N. Side LLC v. O'Neill Maintenance

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 269 WDA 2023

    Trial court erred in finding business had standing to pursue conservatorship of abandoned/blighted property where record was insufficient to determine whether business was located within 2,000 feet of the property via navigable walking/driving distance. Order of the trial court affirmed in part, vacated in part, and remanded.

  • Commonwealth v. Seeney

    Publication Date: 2024-06-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1236 EDA 2023

    A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.