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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.

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    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Commonwealth v. Miller

    Publication Date: 2022-05-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0593

    Trial court did not abuse discretion in imposing term-to-life sentence for murder that defendant committed as a juvenile, where trial court expressly considered defendant's mitigating factors and efforts at rehabilitation but found aggravating factors that warranted the sentence. Judgment of sentence affirmed.

  • Commonwealth v. Ishankulov

    Publication Date: 2022-05-09
    Practice Area: Criminal Law
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0509

    Alleged lack of informational signs warning of bridge weight restriction was not a legal defense to a violation of the restrictions of use statute. Judgment of sentence affirmed.

  • Commonwealth v. Schroat

    Publication Date: 2022-03-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0341

    Sentencing court erred in resentencing defendant to life in prison without parole for a murder he committed as a juvenile where it inordinately focused on the nature of the underlying offense rather than defendant's youth, history, and rehabilitative needs. Judgment of sentence vacated, case remanded.

  • Baumbach v. Lafayette Coll.

    Publication Date: 2022-03-22
    Practice Area: Education Law | Personal Injury
    Industry: Education
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0301

    The trial court erred in concluding that defendants were under no legal duty to protect plaintiff, a member of a college crew team, where the complaint alleged sufficient facts to establish a prima facie case that the college-related defendants undertook to act for plaintiff's safety and protection as a member of the team. The superior court reversed.

  • Commonwealth v. Woolstrum

    Publication Date: 2022-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0286

    PCRA petition was untimely where it was filed more than one year after defendant had voluntarily withdrawn his direct appeal from his judgment of sentence. Order of the PCRA court affirmed.