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  • Commonwealth v. Sanchez

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0227

    The trial court properly dismissed defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant failed to meet the 60-day time requirement under §9545(b)(2) and failed to explain how certain "newly discovered facts" about a detective held civilly liable could not have been ascertained sooner. The appellate court affirmed defendant's judgement of sentence.

  • In re: Estate of Tscherneff

    Publication Date: 2019-02-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0178

    Orphans' court improperly used extrinsic evidence to determine testator's intent to equally benefit all testator's children, where will expressly directed that residuary estate simply be divided equally among the children. Order of the orphans' court reversed.

  • Commonwealth v. Kline

    Publication Date: 2019-01-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0053

    Although defendant's non-verbal gunshot gesture toward the victim was not accompanied by any type of verbal communication, the evidence was sufficient to prove beyond a reasonable doubt that defendant had the intent to terrorize the victim, as required to prove the crime of terroristic threats. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Brown

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1555

    Trial court properly exercised discretion to exclude expert testimony on eyewitness identification where the witnesses' identifications were corroborated by substantial independent evidence. Judgment of sentence affirmed.

  • Commonwealth v. Bernal

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1551

    Trial judge erred in denying motion for recusal where her imposition of a statutory maximum sentence, following vacatur of that sentence, combined with indications that the judge had predetermined the new sentence prior to hearing arguments of counsel and had chastised defense counsel for her vigorous representation of defendant, gave rise to questions about the trial judge's impartiality in the present case. Judgment of sentence vacated, case remanded.

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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.