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  • 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.

  • 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.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • 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.

  • Commonwealth v. Miller

    Publication Date: 2022-02-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0168

    Arresting police officer lacked authority to withdraw charge and enter plea agreement to lesser charge absent authorization from a district attorney or assistant district attorney. Order of the trial court affirmed.

  • In the Interest of: K.B.

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1357

    Trial court had sufficient basis to find child victim incompetent to testify where she demonstrated a lack of understanding of the need to tell the truth and did not accurately perceive the nature of the allegations in the case. Order of the trial court affirmed.

  • Commonwealth v. DeJesus

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1301

    Argument that sentencing court failed to consider evidence of juvenile offender's ability to be rehabilitated constituted challenge to discretionary aspects of sentence, which defendant waived by failing to explain how LWOP sentence violated the sentencing code or norms of sentencing. Judgment of sentence affirmed.

  • Rush v. Erie Ins. Exch.

    Publication Date: 2021-11-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1293

    Trial court properly found the "regular use" exclusion in insured detective's automobile insurance policy was unenforceable because the exclusion limited the scope of underinsured motorist coverage that the Motor Vehicle Financial Responsibility Law required insurer to provide. Affirmed.