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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.
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.
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.
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.
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.
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-03-18
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0287
Trial court properly found minor guilty of aggravated assault, where he punched victim in the jaw, knocked him unconscious and broke his jaw, because minor's behavior preceding the attack and the force of the blow combined with the sneak attack sufficiently raised an inference that minor acted recklessly and manifested extreme indifference to the value of human life. Affirmed.
Publication Date: 2019-03-11
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0267
Evidence was sufficiently weighty to support conviction for sex offenses where victim was able to testify in detail about multiple incidents of sexual assault and was able to testify that the assaults occurred over a several-week period, even though the victim could not recall the exact dates and times when the assaults occurred. Judgment of sentence affirmed.
Publication Date: 2019-03-04
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0226
The trial court properly admitted into evidence a murder victim's planner note under the state-of-mind exception to the hearsay rule but erred in admitting an email from the victim under the same exception since the email was a recount of her memory or belief to prove a fact remembered, though the error was harmless. The appellate court affirmed defendant's judgement of sentence.
Publication Date: 2019-02-26
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0193
Defendant's claims challenging application of the Sex Offender Registration and Notification Act registration requirements implicated the legality of his sentence; therefore, they were properly considered under the Post Conviction Relief Act and subject to the PCRA time limitations. The appellate court vacated and remanded.
Publication Date: 2019-02-26
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0196
The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.
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