• Commonwealth v. Rominger

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1487

    Excessive sentence challenge, based on longer sentence imposed at resentencing, denied where defendant's new aggregate minimum sentence was shorter and the need to change defendant's sentence was required due to errors and lack of clarity in defendant's original sentence. Judgment of sentence affirmed.

  • Commonwealth v. Hall

    Publication Date: 2018-12-10
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1493

    There was enough circumstantial evidence of defendant's possession of drug-related evidence where the evidence produced at trial, when taken together, linked him to the specific areas of an apartment where illegal drugs and drug paraphernalia were found. The appellate court affirmed defendant's judgment of sentence.

  • In re: Adoption of K.C., a minor

    Publication Date: 2018-12-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1436

    Involuntary termination of parental rights affirmed where credible evidence demonstrated parent made only one inappropriate attempt to contact child in the six months prior to filing of the termination petition. Order of the trial court affirmed.

  • Commonwealth v. Hart

    Publication Date: 2018-12-04
    Practice Area: Criminal Appeals | Discovery
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1433

    Defendant was entitled to an evidentiary hearing to determine the timeliness of his second petition for post-conviction relief where there were disputed issues of fact regarding whether he satisfied his burden of proof on the discovery rule exception to the timeliness requirement. The appellate court vacated and remanded for further proceedings.

  • Commonwealth v. Banks

    Publication Date: 2018-11-13
    Practice Area: Court Administration | Criminal Appeals | Judges
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1370

    An assigned judge's temporary and planned medical absence would not likely constitute an extraordinary circumstance sufficient to meet the requirements of Pa.R.Crim.P. 700; however, defendant was not entitled to a new probation violation hearing since he consented to a newly assigned judge's authority to preside over his case.

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  • Commonwealth v. Irick

    Publication Date: 2018-08-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0972

    The court of common pleas lacked jurisdiction to grant defendant's motion to suppress evidence, which motion the municipal court had denied, since a criminal defendant facing trial in municipal court may only petition for certiorari after sentencing. The court vacated and remanded.

  • Commonwealth v. Butler

    Publication Date: 2018-08-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0943

    The trial court properly found that police demonstrated reasonable suspicion that criminal activity was afoot based in part on information received from an informant who implicated himself in criminal activity when he told police he would drive his son to purchase heroin from two individuals. The appellate court affirmed defendant's judgment of sentence.

  • In the Interest of A.J.K.

    Publication Date: 2018-07-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0794

    Trial court properly terminated father's parental rights because Department of Human Services presented clear and convincing evidence for termination under §§2511(a)(1), (2), (5) and (8) where the record supported the factual findings that father did not have the capacity to parent the child and that termination was in the child's best interests. Affirmed.

  • S.S. v. K.F.

    Publication Date: 2018-06-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0764

    Trial court abused its discretion in ordering children to remain enrolled in a school district where neither parent lived and ordering the parties to pay the resulting tuition because neither parent requested or expected that result when mother filed a relocation petition and the trial court made little inquiry into the parties' financial situations. Vacated and remanded.

  • Commonwealth v. Gould

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0628

    Search by parole agent valid where agent personally observed and had third-party information providing reasonable suspicion defendant possessed contraband or evidence of parole violation, and where agent's search was intended to uncover parole violations rather than investigate penal code violations. Judgement of sentence affirmed.