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  • Commonwealth v. Tanner

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0284

    Court vacated appellant's plea deal in its entirety in his conviction for multiple counts of forgery, theft by unlawful taking and access device fraud because the part of his sentence requiring restitution was void and unenforceable since township was not a "victim" under the statute and the sentence was illegal. Affirmed in part and reversed in part.

  • Commonwealth v. Baumgartner

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0279

    The evidence was sufficient to support defendant's conviction on charges of animal fighting for amusement or gain where defendant had a personal motive to instigate a dog fight and caused his dog to attack the victim's dog as a means of retribution. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Sebolka

    Publication Date: 2019-03-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0269

    Evidence that children under defendant's care had to forage for food because they were underfed by defendant, were denied proper sanitation by defendant, and were forced by defendant to inflict physical punishments upon one another were sufficient to sustain defendant's convictions for endangering the welfare of a child and related offenses. Convictions affirmed, judgment of sentence vacated and remanded.

  • In the Matter of M.P.

    Publication Date: 2019-03-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0266

    Parent's failure to file separate notices of appeal when challenging both an involuntary termination of parental rights and a change in permanency goal required quashal of appeal. Appeal quashed.

  • Commonwealth v. Martinez

    Publication Date: 2019-02-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0174

    Defendant, who elected to plead guilty to charges of unlawfully possessing a firearm, was bound by the statements he made in open court while under oath; thus, he could not assert grounds for withdrawing his plea which contradicted the statements he made at his plea colloquy. The appellate court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Nevels

    Publication Date: 2019-02-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0126

    Motion to suppress historical cell-site evidence denied where defendant failed to demonstrate it constituted novel scientific evidence whose reliability was in legitimate dispute. Judgment of sentence affirmed.

  • S.B. v. S.S.

    Publication Date: 2019-01-15
    Practice Area: Family Law | Privacy
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0031

    Trial court's gag order preventing second wife and her attorneys from publicly discussing anything that might identify or harm the child in a child custody case was constitutionally permissible since it was narrowly-tailored to advance the substantial governmental interest of safeguarding the child from physical and emotional harm. Affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2018-12-25
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1553

    Sheriff's deputy possessed authority to conduct traffic stop for expired vehicle registration where an expired registration, like operating with privileges suspended or revoked, constituted a breach of the peace and deputies had common law powers to enforce the Vehicle Code. Judgment of sentence affirmed.

  • Commonwealth v. Miller

    Publication Date: 2018-11-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1388

    Motion to dismiss on double jeopardy grounds denied despite prior guilty plea to specific crimes listed in new criminal complaint where new complaint sought to prosecute defendant for a broader, statewide conspiracy and commonwealth expressly intended not to punish defendant for those specific criminal episodes. Order of the trial court affirmed.

  • Commonwealth v. Bergamasco

    Publication Date: 2018-10-30
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1286

    The trial court properly granted defendant's motion to suppress evidence where the arresting officer's extra-jurisdictional stop of defendant violated the Municipal Police Jurisdiction Act in the absence of evidence that she was an immediate clear and present danger to person or property. The appellate court affirmed an order granting defendant's motion to suppress.