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  • Corey v. Wilkes-Barre Hosp. Co., LLC

    Publication Date: 2024-01-01
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 507 MDA 2021

    Court correctly nonsuited corporate negligence claim against hospital where plaintiff's trial evidence focused on the actions and omissions of individual staff and provided no proof of systemic negligence by hospital management. Judgment affirmed.

  • Commonwealth v. Rice

    Publication Date: 2023-11-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1036 EDA 2022

    Mere encounter did not escalate to investigative detention after request to "come here," where police made no show of force or otherwise blocked suspect from leaving the area and thus suspect voluntarily abandoned his firearm. Order of the trial court reversed, case remanded.

  • Commonwealth v. Villaneuva-Pabon

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 756 EDA 2022

    Court affirmed denial of post-sentence motion to bar Sexual Offender Registration and Notification Act registration requirements where trial court sustained commonwealth's objection to defendant's proffer of evidence in support of his constitutional challenge to SORNA, meaning that defendant effectively presented no evidence to support his motion. Judgment of sentence affirmed.

  • Commonwealth v. Little

    Publication Date: 2023-10-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 29 WDA 2023

    Trial court correctly granted writ of habeas corpus where evidence demonstrated defendant only conspired to commit robbery in New York and subsequent theft in New York did not involve force. Order of the trial court affirmed.

  • Velasquez v. Miranda

    Publication Date: 2023-07-03
    Practice Area: Immigration Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2688 EDA 2022

    Court agreed with trial court that children were not eligible for Special Immigrant Juvenile Status but on other grounds where court noted children had not been adjudicated dependent or placed in the legal custody of a state agency, individual or entity appointed by a state or juvenile court. Affirmed.

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  • Commonwealth v. Shanholtz

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1791 EDA 2022

    Trial court could extend time for defendant to pay imposed court costs but lacked authority to waive costs due to defendant's indigent status. Order of the trial court affirmed.

  • Commonwealth v. Perzel

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 182 MDA 2021

    Court rejected Commonwealth's appeal of trial court's decision not to impose restitution in favor of the Commonwealth, where the appeal challenged the discretionary aspects of the sentence rather than the legality of the sentence and the Commonwealth failed to preserve their challenge at the sentencing hearing. Order of the trial court affirmed.

  • V.L.-P. v S.R.D.

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 477 MDA 2022

    Trial court erred in denying appellant's petition for genetic testing of child to show paternity and court found appellant put forth sufficient evidence of fraud by mother that he was entitled to genetic testing to prove child's paternity. Vacated and remanded in part.

  • Commonwealth v. Moroz

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 282 MDA 2021

    Case law holding that the statute equating acceptance to the Accelerated Rehabilitative Disposition program as a prior offense for second or subsequent DUI sentencing purposes was overruled where prior conviction was not a fact that needed to be proven to the factfinder beyond a reasonable doubt, and defendants were on notice that ARD was considered a prior offense upon voluntarily entering the program. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Richards

    Publication Date: 2022-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1673 EDA 2020

    Court granted reargument en banc on the effect of acceptance of accelerated rehabilitative disposition on a prior DUI conviction and held the portion of 75 Pa.C.S. §3806(a) that equated prior acceptance of ARD to a prior conviction for purposes of imposing a §3804 mandatory minimum sentence passed constitutional muster. Sentence affirmed.