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  • Commonwealth v. Williams

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2021

    Commonwealth failed to make prima facie case for tampering charges where there was no evidence to support a finding that defendant, a former law enforcement officer, fabricated and added information to a homicide file to support his story after being interviewed by police department's Internal Affairs Division. Order of the trial court affirmed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    Audible offensive outburst directed toward the trial judge in open court during proceedings was a sufficient disruption to constitute direct criminal contempt. Judgment of sentence affirmed.

  • Commonwealth v. Derr

    Publication Date: 2023-04-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 290 MDA 2022

    Accessing Pennsylvania police database for personal purposes constituted unlawful use of a computer as "exceeds authorized access" was interpreted as accessing a computer system or network for reasons other than those falling within the scope of official permission. Order of the trial court reversed.

  • Commonwealth v. Goodco Mech., Inc.

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry: Construction
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 634 WDA 2021

    Trial court held jurisdiction over criminal prosecution for theft by failure to make required disposition of funds based on violations of the Prevailing Wage Act, as only a statute or Supreme Court rule could vest jurisdiction in another court, and the administrative penalties under the PWA did not preempt the imposition of a criminal sentence for theft. Judgment of sentence affirmed.

  • Commonwealth v. Adorno

    Publication Date: 2023-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 57 MDA 2022

    Trial court erroneously granted suppression motion where police had confirmed location of social media video from the property's owner and only discovered the mistaken identification at the suppression hearing. Order of the trial court reversed, case remanded.

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  • Commonwealth v. Midgley

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 166 MDA 2022

    Ineffective assistance of counsel claims were meritless where defendant expressly acknowledged at his plea hearing that he understood there was no guarantee of a particular sentence and that the trial court was not bound by the plea agreement between defendant and the commonwealth. Order of the PCRA court affirmed.

  • Commonwealth v. Snyder

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 116 MDA 2022

    Sentence above aggravated range was not excessive where trial court expressly considered all information submitted by the parties and found the sentence necessary for the public's protection and defendant's rehabilitative needs, particularly due to the gravity of the offense that involved a violent stabbing during a road rage incident in which defendant left the victim to die at the side of the road. Judgment of sentence affirmed.

  • Wykel v. Knapp

    Publication Date: 2023-01-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2185 EDA 2021

    Trial court properly applied the entireties presumption and declared the refinanced mortgage remained a lien against the entire property even though wife had not signed that mortgage and court agreed because wife benefitted from the refinanced mortgage and trial court did not err in its reconciling of the statute of frauds with the entireties presumption. Affirmed.

  • Orozco v. Tecu

    Publication Date: 2022-10-31
    Practice Area: Immigration Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2474 EDA 2021

    Trial court abused its discretion in refusing to issue mother's requested special immigrant juvenile status order for her child and making no factual findings because the federal statutory scheme put the factual determinations necessary for SIJ status solely within the purview of state court. Vacated and remanded.

  • Williams v. The GEO Group, Inc.

    Publication Date: 2022-09-12
    Practice Area: Discovery
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1023

    Trial court properly granted plaintiff's motion to compel discovery of a "psychological autopsy" report defendant prepared after prison inmate's suicide because report was not privileged under the Peer Review Protection Act, it was not privileged under Pa.R.Civ.P. 4003.5 and was relevant under rule 4003.1. Affirmed.