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  • Commonwealth v.Giliam

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0602

    The revocation of defendant's probation sentence could not stand where he was acquitted of the new criminal charges giving rise to the probation revocation hearing and the trial court erroneously considered whether the probation was an effective deterrent. The superior court vacated defendant's judgment of sentence and remanded.

  • Commonwealth v. Cox

    Publication Date: 2020-05-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0449

    The superior court conducted an independent review of the record to determine whether defendant's appeal from his murder convictions was wholly frivolous and agreed with the trial court that his sufficiency of evidence challenge lacked merit given the substantial evidence of defendant's guilt. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Lehman

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0413

    Inmate was not entitled to immunity under Drug Overdose Response Immunity Act for charge of possession of controlled substance contraband by an inmate since that charge was a serious felony for which the Act did not provide immunity. Judgment of sentence affirmed.

  • In re: Adoption of M.C.F.

    Publication Date: 2020-04-13
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0387

    Counsel's petition to withdraw denied where father appealing from termination of parental rights had arguably cognizable issue in the form of petitioning mother's failure to demonstrate reasonably anticipated adoption of the parties' children. Counsel's petition to withdraw denied, case remanded.

  • Commonwealth v. Harris

    Publication Date: 2020-03-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0339

    The trial court lacked jurisdiction to issue the order defendant challenged on appeal, where the appellate court had not yet returned the record with instructions for the trial court to proceed and, thus, the trial court's original jurisdiction had not yet revested. The superior court vacated the challenged order.

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  • In the Interest of D.J.B.

    Publication Date: 2020-03-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0255

    Appellant appealed juvenile court's finding he committed indecent assault by touching complainant without her consent and court found that, contrary to appellant's assertion, juvenile court did not show partiality or predetermine the result when it asked attorneys in a sidebar conference to consider a lesser charge and complainant's testimony was sufficient evidence. Affirmed.

  • Commonwealth v. Pacheco

    Publication Date: 2020-02-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0127

    While the government did in fact conduct a "search" when it obtained defendant's real-time cell site location information, the search at issue was constitutional because it was conducted pursuant to warrants properly issued in accordance with Pennsylvania's Wiretapping and Electronic Surveillance Control Act. The superior court affirmed.

  • Wilson v. Parker

    Publication Date: 2020-02-10
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0140

    Trial court erred in applying the law of unjust enrichment in an action over an alleged oral contract to sell property and appellants were entitled to a portion of the money they paid to purchase the property under the unenforceable oral contract and they were entitled to recoup the cost of the improvements they made. Vacated.

  • Jones v. Plumer

    Publication Date: 2020-01-27
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0077

    Dead Man's Act barred plaintiff's testimony as to the causation of her fall, and the Act's application was not waived simply because decedent did not actually witness plaintiff's fall or because decedent's estate relied upon plaintiff's demand letter in support of its motion for summary judgment. Order of the trial court affirmed.

  • Commonwealth v. Moye

    Publication Date: 2019-12-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1436

    The trial court erred when it sentenced defendant, who was a juvenile when he committed murder, to life without the possibility of parole as the commonwealth presented no evidence regarding defendant's inability to be rehabilitated and, thus, failed to rebut the presumption against life without parole as an appropriate individualized sentence. The appellate court vacated defendant's sentence and remanded for resentencing.