• Commonwealth v. James

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1146 EDA 2022

    Evidence was sufficient to convict for drug conspiracy where a defendant could have criminal liability for entering a conspiracy with law enforcement officers or police informants as part of a law enforcement investigation or sting operation. Judgment of conviction affirmed, judgment of sentence vacated in part and affirmed in part.

  • Commonwealth v. Westlake

    Publication Date: 2023-06-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 361 WDA 2022

    Omnibus motion to dismiss DUI charges denied where challenges to legality of traffic stop and arrest were known to defendant and could have been raised in the initial omnibus motion; however, multiple DUI convictions should have merged for sentencing purposes. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.

  • Hanbicki v. Leader

    Publication Date: 2023-05-22
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 835 EDA 2022

    Landlord's admitted withholding of evicted tenant's property was sufficient to impose contempt for violating trial court's order to turn over the property, but record did not support the judgment amount awarded by the trial court. Judgment of the trial court affirmed in part and vacated in part, case remanded.

  • Commonwealth v. Keister

    Publication Date: 2023-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 282 MDA 2022

    Evidence was sufficient to support conviction for endangering the welfare of a child where commonwealth presented evidence and testimony that defendant withheld food from child and made her sleep on the floor as punishment, which resulted in the child becoming visibly malnourished and displaying symptoms of PTSD and other mental health issues. Judgment of sentence affirmed.

  • Loftus v. Decker

    Publication Date: 2023-02-20
    Practice Area: Litigation
    Industry: Insurance | Transportation
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 611 WDA 2021

    Appellant workers' compensation carrier appealed the order denying its petition to intervene in action initiated by injured bus driver in a praecipe for writ of summons against other driver and court found the order was not an appealable collateral order because appellant had no legally enforceable interest and no right that needed to be protected. Appeal quashed.

  • Law Journal Press | Digital Book

    Lancaster County & Berks County Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • Barrett v. M&B Med. Billing, Inc.

    Publication Date: 2022-12-05
    Practice Area: Legal Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1442 WDA 2021

    The trial court erred in allowing the individual defendant, an officer of the defendant corporation but not a licensed attorney, to appear pro se on behalf of both herself and the defendant corporation in these legal proceedings. The appellate court reversed in part.

  • Commonwealth v. Conley

    Publication Date: 2022-12-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 935 WDA 2021

    Trial court could not anticipatorily revoke a consecutive sentence of probation following a violation of conditions of county intermediate punishment as no violations of the conditions of a term of probation could occur before a defendant began serving that term. Judgment of sentence vacated, case remanded.

  • Delaware Vall. Landscape Stone, Inc., v. RRQ, LLC

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2103 EDA 2021

    Non-attorney trustee could not lawfully represent trust during legal proceedings, and their filings had to be stricken although it did not require quashal of the appeal. Appellee's motion to quash appeal denied, appellant's brief stricken.

  • Oberholzer v. Galapo

    Publication Date: 2022-05-02
    Practice Area: Constitutional Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0475

    Appellants appealed the permanent injunction that dictated which way their multiple yard signs should face in their conflict with their backyard neighbors and court found trial court applied the incorrect legal standard. Vacated and remanded.

  • Commonwealth v. Stone

    Publication Date: 2022-05-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0484

    Trial court erred in instructing jury that medical marijuana was not a Schedule I controlled substance or that a DUI conviction required proof that marijuana found in a driver's bloodstream came from non-medical marijuana, where the DUI statute continued to make marijuana intoxication per se illegal. Order of the trial court reversed, case remanded.