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Publication Date: 2019-11-04
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Dubow
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for defendant:
Case Number: 19-1293
Internet publication of sex offender registration for offender who committed crimes prior to enactment of publication requirements under SORNA II violated Ex Post Facto clause. Judgment of sentence affirmed, appellant ordered removed from Megan's Law website.
Publication Date: 2019-09-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
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for defendant:
Case Number: 19-1144
Intermediate appellate courts only had authority and obligation to sua sponte review a trial court's failure to appoint any counsel for a child in a proceeding to involuntarily terminate parental rights, but not to review whether an appointed GAL had a conflict of interest in representing the child's best interests and legal interests. Order of the trial court affirmed.
Publication Date: 2019-09-02
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
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Case Number: 19-1023
The trial court did not abuse its discretion in denying defendant's request for new counsel and a continuance as the court properly weighed defendant's right to counsel of choice against the state's interest in proceeding to trial and found that defendant's last minute request would burden the commonwealth and its witnesses as well as the trial court. The appellate court affirmed.
Publication Date: 2019-08-26
Practice Area: Employment Litigation
Industry: Distribution and Wholesale | Retail
Court: Superior Court
Judge: Judge Dubow
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Case Number: 19-0999
Appellant challenged trial court's denial of injunctive relief in its action to enforce a non-compete agreement and court found the issue was moot since the non-compete agreement, by its terms, had already expired, there were no issues of public importance involved and the matter was not capable of repetition. Appeal dismissed.
Publication Date: 2019-08-26
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Dubow
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for defendant:
Case Number: 19-0998
PCRA relief properly granted where plea counsel affirmatively misadvised defendant that his guilty plea would not adversely affect defendant's immigration status and defendant would not have pled guilty had he been correctly advised of the immigration consequences of his plea. Order of the PCRA court affirmed.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-08-12
Practice Area: Contractual Disputes | Real Estate
Industry:
Court: Superior Court
Judge: Judge Dubow
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Case Number: 19-0947
Sellers of property were in breach of the purchase agreement when the agreement's "time is of the essence" clause merely gave buyer discretion to terminate the agreement if sellers could not timely deliver good title to the property and sellers refused to settle when they obtained clear title. Judgment affirmed.
Publication Date: 2019-07-29
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Dubow
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Case Number: 19-0870
The trial court did not abuse its discretion in finding defendant, a juvenile court probation officer, guilty of criminal contempt where the evidence established that he defied the court's directive to stop using his cellphone in the courtroom. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2019-07-22
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Superior Court
Judge: Judge Dubow
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for defendant:
Case Number: 19-0855
Trial court properly denied appellant's petition for expungement of his mental health records and restoration of his right to possess firearms because appellant was afforded, and fully availed himself of, all due process required in connection with his §303 commitment proceeding and subsequent certification. Affirmed.
Publication Date: 2019-07-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0820
Trial court properly terminated father's parental rights because the record supported the trial court's finding that child's preferred outcome was unascertainable at the time of the hearing, there was no conflict between the child's best interest and legal interests, representation by child's attorney satisfied the requirements of 23 Pa. C.S. §2313(a) and stepfather provided clear and convincing evidence to support termination. Affirmed.
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.
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