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28 results for '* judge:"Judge Musmanno"' You can use Search Constraints to get even better search results
Publication Date: 2019-12-02
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1394
Where defendant relied on, as newly discovered evidence, a specific letter to him from investigators indicating that mistakes were made in the analysis of forensic evidence offered at his criminal trial, rather than an earlier and more general press release announcing such mistakes, the lower court erred in dismissing as untimely his Post Conviction Relief Act petition.
Publication Date: 2019-07-08
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0774
Trial court erroneously imposed aggravated sentence of 12 to 24 months without providing reasons on the record, where standard range sentence that could be imposed upon defendant was a lower limit minimum of six months and an upper limit minimum of less than 12 months. Judgment of sentence affirmed in part and vacated in part, case remanded.
Publication Date: 2019-04-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0449
The trial court did not err in sentencing defendant, a juvenile lifer entitled to resentencing in the wake of the U.S. Supreme Court's ruling in Miller v. Alabama, to 40 years to life in prison as the trial court was authorized to exercise discretion in imposing a sentence beyond the 35-year minimum provided in 18 Pa.C.S.A. §1102.1(a). The appellate court affirmed in part and vacated in part defendant's judgment of sentence.
Publication Date: 2019-02-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Musmanno
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for defendant:
Case Number: 19-0198
PCRA petition filed two years after judgment of sentence became final dismissed as untimely, since the trial court could not exercise its inherent powers to correct illegal sentences as an illegal sentence claim had to be brought under the PCRA. Order of the PCRA court affirmed.
Publication Date: 2019-01-22
Practice Area: Health Care Law | Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0060
Physicians' mere consideration, during voluntary outpatient treatment, of initiating involuntary examination of a suspected mentally ill person was insufficient to trigger the scope and provisions of the Mental Health Procedures Act. Order of the trial court affirmed.
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Authors: Gary L. Brown
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Publication Date: 2018-12-18
Practice Area: Criminal Appeals | Evidence | Telecommunications
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1528
Defendant's claim, that the memorandum of approval supporting wiretap surveillance of his with a confidential informant was defective, failed where law enforcement articulated reasonable grounds for the wiretap monitoring and the authorizing deputy district attorney personally reviewed the facts of the case and ascertained directly from the confidential informant the voluntariness of his consent. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-11-13
Practice Area: Civil Procedure | Contractual Disputes
Industry: Construction
Court: Superior Court
Judge: Judge Musmanno
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Case Number: 18-1358
Trial court properly held that contractor did not need to file a certificate of merit with its joinder complaint bringing architect in as an additional defendant to subcontractor's action against contractor because the alleged acts of negligence in the joinder complaint were related to the acts of negligence claimed by the subcontractor in its complaint. Affirmed.
Publication Date: 2018-10-23
Practice Area: Administrative Law | Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Musmanno
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for defendant:
Case Number: 18-1275
Orphans' court erred in granting letters of administration C.T.A. to the attorney who held a power of attorney from the executrix named in the deceased's will because the register of wills had jurisdiction to grant letters of administration and there was no confirmation in the certified record that the will was admitted to probate or that the initial register of wills' determination was appealed to the orphan's court. Vacated.
Publication Date: 2018-10-09
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1203
Trial court properly awarded general and consequential damages in appellee's action asserting that appellant's failure to honor a credit disability insurance policy caused him to lose all his equity in the property because appellant failed to respond to the complaint or appear at the damages trial and could not raise the issue of hearsay evidence since it was not present at trial to object and its weight of the evidence claim failed because a homeowner was competent to testify as to the value of his property. Affirmed.
Publication Date: 2018-09-18
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1108
Trial court did not abuse its discretion in granting former wife's petition seeking an amended QDRO utilizing a correct coverture fraction consistent with 23 Pa.C.S.A. §3501(c)(1) and husband's argument that the trial court lacked jurisdiction to modify the order failed because the QDRO's use of an improper coverture fraction constituted a fatal defect on the face of the record. Affirmed.
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