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  • Commonwealth v. Peters

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2591 EDA 2021

    Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.

  • Commonwealth v. Lapaglia

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1332 WDA 2023

    Appellant appealed from judgments of sentence entered on a jury conviction for burglary and related crimes. The court affirmed, holding that appellant was timely tried for purposes of Pa.R.Crim.P. 600 where he was brought to trial more than two months before his adjusted Rule 600 run date in light of excludable delays that included COVID-19 pandemic court closures.

  • Commonwealth v. Coleman

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2024

    Appellant appealed from the trial court's judgment of sentence entered after resentencing on his guilty pleas to certain crimes. The court affirmed, holding that appellant received "the benefit of his bargain" under his negotiated plea agreement where his new sentence was consistent with what he had agreed to, as corrected to avoid an illegality present in his initial sentencing.

  • Jones v. Erie Ins. Exch.

    Publication Date: 2024-07-19
    Practice Area: Insurance Law
    Industry: Insurance | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 690 WDA 2020

    New precedent upholding the validity of "regular use" exclusion in underinsured motorist policies supported trial court's judgment for insurer following accident where insured was injured while operating a regularly-used, employer-owned work vehicle. Judgment of the trial court affirmed.

  • Viall v. Garvin

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 869 MDA 2023

    Appellant's action in ejectment failed where appellant failed to establish a consentable boundary line. Judgment affirmed.

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  • Kopinetz v. Waste Mgmt. & Processors, Inc.

    Publication Date: 2024-05-03
    Practice Area: Employment Litigation
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1344 MDA 2023

    Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.

  • Commonwealth v. Nestor

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 460 EDA 2023

    Appellant appealed the trial court's judgment of sentence on his conviction for driving under the influence-controlled substance and related crimes. The court affirmed, holding that expert testimony was not necessary to support appellant's conviction for DUI-controlled substance where a testifying trooper opined that appellant was under the influence based upon his observations, the outcome of field sobriety testing, and the officer's training and experience.

  • Commonwealth v. Balestier-Marrero

    Publication Date: 2024-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 956 MDA 2023

    Appellant appealed the trial court's order denying his first petition for post-conviction relief. The court affirmed, concluding petitioner failed to plead and prove the newly-discovered fact exception to the Post Conviction Relief Act's one-year filing requirement where he proffered a third-party opinion report prepared in a co-defendant's case that did not reflect a newly-discovered "fact" applicable to appellant.

  • Nigon v. Jewell

    Publication Date: 2024-04-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 671 WDA 2023

    Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.

  • Commonwealth v. Glawinski

    Publication Date: 2024-02-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1422 WDA 2022

    Appellant appealed from the trial court's judgment of sentence imposed after her non-jury conviction of one count of receiving stolen property. The court held that the trial court reasonably prohibited appellant from having contact with her boyfriend as a special condition of probation where the record indicated that the boyfriend was leading appellant into a life of crime.