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  • In the Interest of: E.C.

    Publication Date: 2021-05-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0575

    Parent could not appeal from permanency review order denying parent's motion for return of custody where the order was not a final order and had not changed the permanency goal or the subject children's custody placement. Appeal quashed.

  • Commonwealth v. Snyder

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0497

    Dismissal of Post Conviction Relief Act claims with arguable merit reversed where defendant had also asserted claims of ineffective assistance of counsel against his direct appellate counsel, who accepted the PCRA court's appointment without advising the court of his conflict of interest. Order of the PCRA court affirmed in part and vacated and remanded in part.

  • Commonwealth v. Rosario

    Publication Date: 2021-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0396

    Trial court erred in imposing two sentences for criminal conspiracy where defendant had engaged in a continuous criminal episode that encompassed the assault, kidnapping, and attempted murder of the victim. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Shaw

    Publication Date: 2021-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0212

    The trial court erred in finding that a search of defendant's vehicle was permissible under Pennsylvania's automobile exception to the warrant requirement as the ruling conflicted with recent precedent, including Commonwealth v. Barr wherein the superior court held that the odor of marijuana coming from a vehicle during a traffic stop, alone, is not sufficient to establish probable cause. The superior court vacated and remanded.

  • Pasquariello v. Manwiller

    Publication Date: 2021-02-22
    Practice Area: Motor Vehicle Torts
    Industry: Manufacturing
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0110

    The court granted plaintiffs leave to reinstate a complaint, but it ordered certain boilerplate language stricken.

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  • Commonwealth v. Way

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1028

    Trial court did not err in denying suppression where arresting officer specifically testified as to his past extensive narcotics investigation experience and how those experiences were similar to the behavior he witnessed appellant engage in, such that officers had reasonable suspicion of drug activity to initiate an investigatory detention. Judgment of sentence affirmed.

  • Commonwealth v. Copenhaver

    Publication Date: 2020-09-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1022

    The trial court erred in denying a motion to suppress evidence obtained during a traffic stop since defendant's operation of a motor vehicle with an expired registration did not constitute a breach of the peace and there was no record evidence of a breach of the peace prior to the arresting deputy's initiation of that stop. The superior court reversed and remanded.

  • Commonwealth v. Nunez

    Publication Date: 2020-08-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0941

    Defendant was not entitled to derivative immunity from prosecution under the Overdose Response Immunity Act where restaurant manager called 911 to report defendant not for a suspected overdose or need for immediate medical attention but for causing a disturbance in the restaurant. Judgment of sentence affirmed.

  • Commonwealth v. South

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0907

    Appellant not entitled to immunity under the Drug Overdose Response Immunity act where the bystander who called 911 after appellant passed out never reported a suspicion of overdose and did not remain with appellant until emergency services arrived. Judgment of sentence affirmed.

  • Diaz v. Nabiyev

    Publication Date: 2020-08-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0881

    A series of alleged incidents of abuse occurring within 10 months of PFA petition was sufficient to support entry of a final order where victim credibly testified that the incidents caused her to be in fear of imminent bodily harm. Order of the trial court affirmed.