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Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1230 MDA 2023
Court remanded Post Conviction Relief Act case on appeal where defendant alleged that he had been abandoned by PCRA counsel, which supported allowing the PCRA court to hold a Grazier hearing to determine whether defendant wished to be represented by counsel and appoint new counsel if necessary to allow defendant to pursue ineffective assistance claims against current counsel. Case remanded for further proceedings on Grazier claims. Bradley application for remand denied.
Publication Date: 2024-08-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 720 MDA 2023
Plea counsel was deficient where she failed to investigate defendant's immigration status and thus failed to advise him of the immigration consequences of his guilty plea, where defendant's priority was to return to work to support his family in the U.S. Order of the Post Conviction Relief Act court reversed, conviction vacated.
Publication Date: 2024-08-09
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 432 WDA 2023
Commonwealth appealed the trial court's order granting defendant's motion in limine to preclude "other bad acts" evidence from being introduced in defendant's criminal homicide trial. The court affirmed in part and reversed in part, holding that the trial court did not err in excluding evidence showing that defendant shot a witness to his crime while they were both in another state, but that the trial court did err in excluding evidence that defendant fled to that state after committing his alleged Pennsylvania crime.
Publication Date: 2024-07-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 30 WDM 2024
Court of Common Pleas did not abuse discretion in revoking bail based on information about the alleged offenses that indicated defendant's mental health status made him a threat to public safety. Order of the trial court affirmed.
Publication Date: 2024-07-05
Practice Area: Real Estate
Industry: Non-Profit | Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 292 WDA 2023
Court rejected cross-petitioner's objection to appointment of conservator for abandoned/blighted property where appointed conservator had sufficient experience and a more developed plan that had the added benefit of creating affordable housing, and the trial court did not misinterpret the requirements or policy goals of the Abandoned and Blighted Property Act. Order of the trial court affirmed.
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Publication Date: 2024-05-31
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 554 MDA 2023
Commonwealth appealed from the trial court's order denying its request to present certain evidence in appellee's trial on charges that he murdered his wife. The court reversed in part, holding that the trial court erred in precluding appellant's admission of probative accident reconstruction evidence and competent expert witness evidence regarding the victim's manner of death by drowning.
Publication Date: 2024-01-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 487 WDA 2023
Trial court correctly determined that changing the goal to permanent legal custodianship was in child's best interest, where child had been hospitalized for failure to thrive, and although father had substantially complied with his service plan goals and shown he was capable of parenting child, mother did not have the same parenting capacity and father would be unable to provide the "irreducible minimum requirements" since he was also a parent to three other young children. Affirmed.
Publication Date: 2024-01-15
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Lazarus
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for defendant:
Case Number: 703 WDA 2022
Trial court erred in giving defendant's requested sudden emergency doctrine instruction and in denying plaintiff's requested driver's duty of care instruction in case where defendant driver struck pedestrians because the evidence did not support a determination that defendant was "confronted with a sudden and unforeseeable occurrence." Reversed.
Publication Date: 2023-11-27
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 1201 WDA 2022
Administratrix appealed court of common pleas orders exempting $30,000 in a bank account from attachment and an order allowing account holders to use some of the funds and court found the civil trial division lacked subject matter jurisdiction to adjudicate the matter. Vacated and remanded to the orphans' court division.
Publication Date: 2023-11-20
Practice Area: Consumer Protection
Industry: Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1474 WDA 2022
Trial court properly dismissed appellant's action against home inspection company as time barred because 68 Pa.C.S.A. §7512 was a statute of repose that began to run on the date of the delivery of the inspection report and appellant filed her action more than a year after she received the report. Affirmed.
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