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  • Commonwealth v. Dixon

    Publication Date: 2022-06-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0646

    Evidence was sufficient to support conviction for robbery and murder where defendant owned the getaway vehicle and was in possession of stolen property without sufficient explanation for how he came into possession of the victim's property. Judgment of sentence affirmed.

  • Commonwealth v. Farkas

    Publication Date: 2022-06-13
    Practice Area: Criminal Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0648

    Restitution of benefits paid under Medicaid "participant-directed services" program for hours billed where defendant was instead working at another job was statutorily required upon conviction. Judgment of sentence affirmed.

  • Commonwealth v. Singletary

    Publication Date: 2022-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0038

    Court properly suppressed evidence where police lacked reasonable suspicion to initiate investigative detention of passenger of parked vehicle where there were no articulable facts indicating the passenger was involved in any criminal activity. Order of the trial court affirmed.

  • Commonwealth v. Kennedy

    Publication Date: 2022-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1513

    Successive PCRA petition properly dismissed as untimely where purported lack of access to legal materials regarding state court procedures did not qualify as "facts" for the newly-discovered facts exception to the PCRA time-bar. Order of the PCRA court affirmed.

  • Commonwealth v. Moye

    Publication Date: 2021-12-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1403

    The trial court did not err in concluding that defendant's new sentence was not a de facto life without the possibility of parole where the evidence established that defendant would have a meaningful opportunity to obtain his release. The court affirmed defendant's judgment of sentence.

  • 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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  • In the Interest of LA.-RA. W.

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1420

    Parents challenged trial court's finding twin infants were dependent and victims of child abuse and parents were the abusers and court found trial court properly excluded parents' experts' testimonies and trial court's finding that placement outside the home was in the children's best interest was supported by the evidence. Affirmed.

  • Commonwealth v. Atkinson

    Publication Date: 2021-11-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1276

    The trial court did not err in denying defendant's motion to dismiss since compulsory joinder principles did not apply in this case, where it was statutorily impossible for the commonwealth to consolidate both of defendant's alleged offenses for a single prosecution. The superior court affirmed.

  • Cascade Funding Mortgage Trust 2017-1 v. Smeltzer

    Publication Date: 2021-10-25
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1229

    The trial court did not err in in dismissing plaintiff's foreclosure complaint against defendants where neither plaintiff nor any of its predecessors in interest filed any rule 3002.1(g) statement contesting defendants' full compliance with a court-approved bankruptcy plan. The appellate court affirmed.

  • Franks v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2021-10-11
    Practice Area: Insurance Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1176

    Auto insurer was not required to obtain new UM/UIM stacking rejection form when insured removed vehicle from the policy, as that did not constitute a "purchase" requiring execution of a new form. Judgment of the trial court affirmed.

  • In re: Interest of C.B.

    Publication Date: 2021-10-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1183

    The trial court properly applied the evidentiary presumption in 23 Pa.C.S. §6381(d) of the Child Protective Services Law, which establishes a prima facie case of abuse by persons responsible for a child when abuse occurs, and made a finding of child abuse where neither parent was able to rebut that presumption. The superior court affirmed.