• Commonwealth v. Bankhead

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1058

    PCRA petition was untimely where repeated prison lockdowns that prevented inmate's access to prison library did not constitute governmental interference for purposes of statutory exception to PCRA time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Rose

    Publication Date: 2019-08-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0994

    Trial court did not err in declining to instruct the jury that defendant in a welfare fraud case had to have intent to defraud where the welfare fraud statute's text included no requirement that an offender have intent to defraud. Judgment of sentence affirmed.

  • D.R.L. v. K.L.C.

    Publication Date: 2019-08-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0943

    Trial court properly overruled grandparents' exceptions to custody order where trial court thoroughly addressed statutory best interest factors and properly considered mother's concern with grandparents' interference into parenting issues. Order of the trial court affirmed.

  • Commonwealth v. Brown

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0753

    The trial court did not err in denying defendant's motion to dismiss the assault charges at bar, which relied on the compulsory joinder rule, as the assault charges and previously adjudicated traffic offenses were based on a different set of facts constituting two separate and discrete criminal episodes. The appellate court affirmed defendant's judgment of sentence.

  • In the Interest of: R.E.L., a minor

    Publication Date: 2019-06-10
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0677

    Commonwealth's failure to respond to a petition to expunge juvenile records did not equate to the statutorily required consent to expungement. Order of the trial court reversed.

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  • Commonwealth v. Smith

    Publication Date: 2019-06-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0648

    Motion to suppress statements correctly denied where police's statements to juvenile offender did not affect the knowing or voluntary nature of the juvenile's Miranda waiver. Judgment of sentence affirmed.

  • T.M. v. H.M.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0521

    Trial court did not abuse its discretion in awarding primary physical custody to mother and denying father's petition to increase his physical custody. Affirmed.

  • Vaughan v. Olympus America, Inc.

    Publication Date: 2019-04-29
    Practice Area: Personal Injury
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0476

    Trial court abused its discretion in dismissing decedent's administrator's negligence and fraud claims against medical device maker for lack of personal jurisdiction and dismissing other defendants on forum non conveniens grounds because device maker engaged in relevant acts with an in-state company that was also its agent sufficiently to support specific jurisdiction and the private and public factors supported Philadelphia as the forum. Reversed.

  • Commonwealth v. Dix

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0450

    While the police officers involved in defendant's arrest did approach him with guns raised when they suspected defendant was reaching for a concealed weapon, the fact that the officers had their guns drawn did not, under the totality of the circumstances, render the stop a custodial detention. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Ligon

    Publication Date: 2019-03-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0313

    Where the prosecutor's use of the term "cold-blooded killer" in closing arguments directly related to defendant's alleged actions and the mens rea required for the crime charged and the use of the term constituted an isolated use of oratorical flair, defendant was not entitled to relief based on counsel's failure to object. The appellate court affirmed a trial court order denying defendant's petition for relief under the Post Conviction Relief Act.