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  • Commonwealth of Pennsylvania v. Wallace

    Publication Date: 2021-01-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0059

    The trial court did not err in allowing the commonwealth to introduce records from a co-conspirator's global positioning system monitoring device since under Pennsylvania law, GPS data automatically generated by a computer, free from interference by any person, does not constitute a "statement" for hearsay purposes. The superior court affirmed.

  • Commonwealth v. Asher

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1437

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-trial motion challenging the application of the Sexual Offenders Registration and Notification Act registration requirements and the irrebuttable presumption of future dangerousness. The appellate court affirmed defendant's judgment of sentence, but remanded for a hearing on sentencing issues.

  • Commonwealth v. Reslink

    Publication Date: 2021-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1433

    Defendant was not entitled to merger of convictions for sentencing purposes where both charges had different factual predicates and therefore could not have arisen from a single criminal act. Judgment of sentence affirmed.

  • In re: C.B.

    Publication Date: 2020-11-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1268

    The juvenile court did not commit a manifest abuse of discretion in determining that the minor defendant was in need of supervision where the evidence did not overcome the presumption, arising from a felony conviction for viewing/possessing child pornography, that defendant was in need of supervision, treatment or rehabilitation. The superior court affirmed.

  • Commonwealth v. Derrickson

    Publication Date: 2020-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1238

    The trial court did not err in resentencing defendant, who was a juvenile when he committed second-degree murder, to a maximum sentence of life in prison since Pennsylvania precedent establishes that 18 Pa.C.S. §1102(b) must be interpreted to require a maximum sentence of life imprisonment for juveniles convicted of such an offense. The superior court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Mickley

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1066

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-sentence motion for relief with the presentation of evidence regarding Pennsylvania's Sex Offender Registration and Notification Act and relevant legislative policy decisions impacting sexual offenders' constitutional rights. The superior court reversed and remanded.

  • 2303 Bainbridge, LLC v. Steel River Building Sys., Inc.

    Publication Date: 2020-09-21
    Practice Area: Dispute Resolution
    Industry: Construction | Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1021

    The trial court did not abuse its discretion in finding that venue was proper in Philadelphia County, pursuant to 42 Pa.C.S. §7319(1), in an appeal from an arbitration award where multiple arbitration hearings took place in Philadelphia prior to plaintiff's filing of a petition for relief in Montgomery County. The superior court affirmed.

  • K.T.R. v. L.S.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0976

    Father appealed custody decision before trial court rendered its reconsidered decision and court found father's appeal was premature pursuant to Pa.R.C.P. 1930.2(e). Appeal quashed.

  • In the Interest of N.S.

    Publication Date: 2020-08-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0947

    Trial court erred in finding that removing minor from mother's custody was a "clear necessity" because mother had not sought to remove minor from hospital against medical advice, had followed treatment recommendations from minor's treatment team and Department of Human Service's argument that mother might remove minor from residential treatment was unfounded. Reversed.

  • Scalla v. KWS, Inc.

    Publication Date: 2020-08-31
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0937

    Petition to reopen default judgment denied where defendant failed to timely file its petition and had not provided a reasonable explanation for its default nor provided a meritorious defense. Order of the trial court affirmed.