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  • 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.

  • In the Interest of: G.E.W.

    Publication Date: 2020-06-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0638

    Evidence sufficient to adjudicate defendant delinquent for sexual abuse of children where investigating detective testified as to cybertip that explained the means by which defendant committed the abuse and included excerpts of online conversations in which defendant discussed her conduct in real time. Dispositional order affirmed.

  • In the Interest of: H.Y.

    Publication Date: 2020-06-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0643

    Trial court did not abuse discretion in finding child a victim of child abuse committed by parents after trial court credited medical testimony opining that child's injuries were consistent with non-accidental trauma and ruling out underlying medical conditions that could have facilitated those injuries. Order of the trial court affirmed.

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  • Commonwealth v.Glenn

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0603

    The trial court erred in finding defendant guilty of driving under the influence-metabolite under 75 Pa.C.S. §3802(d)(1)(iii) where he had a medical prescription for Fentanyl due to surgery and, thus, lawfully had resulting metabolites in his bloodstream. The superior court vacated defendant's judgment of sentence.

  • Beard v. Williams

    Publication Date: 2020-05-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0444

    The court denied defendant physician's motion for summary judgment, because genuine issues of material fact existed regarding matters associated with a collaboration agreement between the physician and a nurse practitioner.

  • Commonwealth v. Hudson

    Publication Date: 2020-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0427

    The trial court erred in revoking defendant's probation based on his failure to pay court costs since the costs were not part of defendant's sentence but merely incidental to the judgment imposed. The superior court vacated defendant's judgment of sentence and remanded.

  • SBA Towers II LLC v. Wireless Holdings, LLC

    Publication Date: 2020-04-20
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0418

    Trial court erred in granting a permanent injunction and in allowing appellee to restrict appellant's access to a building under its lease and court reversed to the extent the order permitted appellee to impose restrictions on appellant's contractual "24/7" right of access. Affirmed in part and reversed in part.

  • Commonwealth v. McCabe

    Publication Date: 2020-04-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0386

    Addressing an issue of first impression, the superior court concluded that absent clear authority or a contrary directive by the state's high court, Chapter 3 of the Rules of Criminal Procedure does not govern Veterans Treatment Court. The superior court affirmed defendant's judgment of sentence.