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  • Commonwealth v. Neysmith

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0829

    Consent to blood alcohol test voluntary, despite defendant being provided with unconstitutional implied consent warnings, where defendant requested the blood draw prior to being provided warnings in the belief the results of a blood alcohol test would vindicate him. Judgment of sentence affirmed.

  • Shaner v. Harriman

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0763

    Trial court erred in finding appellant in contempt for having "access" to a rifle in a shed in violation of a Protect from Abuse order because there was no proof that appellant had constructive possession of the rifle or that he had a wrongful intent to violate the PFA. Vacated.

  • Milby v. Pote

    Publication Date: 2018-06-26
    Practice Area: Contracts | Landlord Tenant Law | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0762

    Trial court erred in finding that trust lacked standing and that the MHCRA did not apply to its claims against mobile home park owners but the errors were harmless because trust failed to prove its claims in its civil action against owners and owners were entitled to eviction since trust failed to sign the new lease, pay the rent due or comply with park rules. Affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0659

    Trial court erroneously granted suppression of blood alcohol test results for suspect's mistaken belief about continued validity of enhanced criminal penalties for refusal to consent to blood draw and for erroneous imposition of requirement upon law enforcement to advise suspects of revised criminal procedure. Order of the trial court reversed, case remanded.

  • Trigg v. Children's Hosp. of Pittsburgh of UPMC

    Publication Date: 2018-05-29
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0620

    Trial judge was not entitled to the deference standard announced in McHugh v. Proctor & Gamble, 776 A.2d 266 in appellants' challenge to a jury selection process that involved the voir dire questioning of potential jurors outside the presence of the trial judge because it was essential that a judge personally witness voir dire and the failure to do so in this case was reversible error since it forced appellants to exhaust their peremptory challenges. Judgment vacated and case remanded.

  • 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. Davis

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0622

    When the trial court found that police had probable cause to conduct a warrantless search of defendant's vehicle, it failed to consider the totality of the circumstances, including several facts that weighed heavily against the conclusion that probable cause existed. The appellate court reversed defendant's judgment of sentence and remanded.

  • Williams v. Taylor

    Publication Date: 2018-05-29
    Practice Area: Land Use and Planning | Real Estate
    Industry: Mining and Resources
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0634

    The trial court correctly found that logging company was not entitled to a prescriptive easement on a lane running through landowner's land because substantial evidence supported the trial judge's findings that the lane passed through an "unenclosed woodland" and the unenclosed woodlands act barred a prescriptive easement. Affirmed.

  • S.G. v. J.M.G.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0619

    Trial court erred in finding that expert child custody evaluator had no standing to bring a contempt action asking the court to enforce its order directing mother to pay a portion of his fees because mother was ordered by the court to pay the costs and thus, the court was the proper court to adjudicate the alleged contempt of its order. Reversed.

  • Sommers v. UPMC

    Publication Date: 2018-05-15
    Practice Area: Class Actions | Labor Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0572

    Partial decertification of wage law class erroneous where employers failure to make partial payment to former employees within original class did not constitute later evidentiary development. Order of the trial court reversed.

  • Commonwealth v. Mauk

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0537

    Trial court violated due process by mass-sentencing a group of unrelated defendants for indirect criminal contempt without determining each defendants financial ability to pay, or offering them opportunity to be heard or assistance of counsel until after sentencing. Order of the trial court vacated.