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  • Commonwealth v. Ranger

    Publication Date: 2018-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1180

    Criminal defendant was entitled to benefit of new constitutional rule announced during the pendency of defendant's direct appeal nunc pro tunc because conviction was not "final". Order of the PCRA court affirmed.

  • Commonwealth v. Andrews

    Publication Date: 2018-09-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1133

    While defendant was convicted and sentenced prior to the date the U.S. Supreme Court decided U.S. v. Alleyne, he was entitled to resentencing under Alleyne where, due to his first Post Conviction Relief Act petition, defendant received reinstatement of his appellate rights and those rights were not resolved prior to the announcement of Alleyne. The appellate court affirmed an order granting defendant relief.

  • In the Interest of E.O., a minor

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1107

    Trial court erred in finding indirect criminal contempt for violation of visitation order where parent was not afforded procedural safeguards and where trial court imposed sentence of incarceration rather than fine. Order of the trial court vacated.

  • Commonwealth v. Manuel

    Publication Date: 2018-09-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1049

    Evidence seized pursuant to search warrant suppressed when the warrant was obtained from information provided by confidential informant based on his alleged personal observations, where the CI's previous information had only led to one felony arrest and police failed to independently corroborate the CI's information. Judgment of sentence reversed.

  • In the Interest of E.O.

    Publication Date: 2018-08-14
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0941

    Where the evidence established that father's contemptuous conduct did not occur in open court, the trial court erred in classifying his conduct as direct criminal conduct and in denying him the procedural safeguards to which he was entitled. The appellate court vacated and 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. Thorne

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0830

    Trial court erred in granting suppression motion where officers had reasonable suspicion their safety had been compromised to conduct protective sweep of passenger area, including storage compartments therein, for vehicles. Order of the trial court reversed, case remanded.

  • Anthony v. Parx Casino et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Corporate Entities | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0783

    A corporation is not subject to venue based solely on the business activities of a sister corporation in the jurisdiction in question; therefore, the trial court did not abuse its discretion in sustaining the defendant casino's preliminary objections challenging venue in Philadelphia County. The appellate court affirmed the trial court's order transferring venue.

  • Commonwealth v. Hewlett

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0756

    Testimony that defendant adopted a fighting stance, threw punches, and tossed a police officer near a glass table sufficient evidence to support conviction for aggravated assault of a police officer. Judgment of sentence affirmed.

  • Commonwealth v. Perez

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0757

    Commonwealth's appeal from dismissal of criminal charges quashed as interlocutory where trial court did not dismiss with prejudice and where commonwealth asserted evidence to establish prima facie case, permitting the commonwealth to refile charges. Appeal quashed.

  • Commonwealth v. Kane

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0685

    Quashal was properly denied where special prosecutor specifically authorized to utilize grand jury and to issue a presentment for perjury and related charges. Judgment of sentence affirmed.