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  • Commonwealth v. Soto

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0024

    Convictions for assault, disarming a police officer, and resisting arrest affirmed where police had reasonable suspicion to detain defendant for hit-and-run due to his flight from the accident scene and where evidence showed defendant attempted to take the arresting officer's taser and threw multiple punches. Judgment of sentence affirmed.

  • Commonwealth v. Nobles

    Publication Date: 2018-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1367

    Trial court erred in denying request for credit for time served in juvenile detention facility where request for statutory credit implicated legality of sentence and facility may have imposed sufficient restriction on liberty to qualify as "custody". Case remanded.

  • Commonwealth v. Vidal

    Publication Date: 2018-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1366

    Defendant was not entitled to credit for time served at a juvenile detention facility where he assaulted staff, as defendant's presence at the facility was due to a probation violation on a prior juvenile adjudication and thus was not "a result of the criminal charge" or "a result of the conduct on which such charge is based". Judgment of sentence affirmed.

  • Wag-Myr Woodlands Homeowners Ass'n v. Guiswite et al

    Publication Date: 2018-11-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1323

    The trial court erred in entering judgment for the defendant homeowners on plaintiff's claim for maintenance fees since defendants had a common law obligation to pay for the maintenance of a shared easement in a planned living community. The appellate court vacated and remanded with instructions.

  • Commonwealth v. Starry

    Publication Date: 2018-10-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1199

    Petition for writ of habeas corpus reversed where trial court erroneously required commonwealth to prove blood draw occurred within two hours of defendant's operation of her vehicle and where there was good cause for any delay in the draw as defendant was receiving medical treatment. Order of the trial court reversed.

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  • Commonwealth v. Dischman

    Publication Date: 2018-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1057

    The trial court did not err in concluding that it could not impose liability under Chapter 26 of the Crimes Code, i.e., the Crimes Against the Unborn Child Act, upon a pregnant woman regarding alleged crimes against her unborn child. The appellate court affirmed an order dismissing an aggravated assault charge against defendant.

  • Davis v. Borough of Montrose

    Publication Date: 2018-08-28
    Practice Area: Contracts | Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1019

    Trial court erred in decreasing landlord's breach damages by amount she could have obtained if she had successfully relet premises. Judgment vacated, case remanded for rehearing.

  • Commonwealth v. Becker

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0824

    The lower court did not err in find that the conduct of troopers who prevented counsel from contacting defendant while he was being interrogated for a second time did not vitiate defendant's otherwise knowing, intelligent and voluntary waiver of his Miranda rights. The appellate court affirmed the trial court's order denying defendant relief under the Post Conviction Relief Act.

  • Commonwealth v. Diaz

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0804

    At a civil contempt proceeding for failure to pay court-ordered fines and costs, indigent defendants have a right to appointed counsel upon a determination of a likelihood of imprisonment and, therefore, defendant was entitled to relief on appeal from his civil contempt conviction. The appellate court vacated the trial court's order and defendant's payment plan and remanded for further proceedings.

  • Phelps v. Caperoon

    Publication Date: 2018-07-10
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0811

    Trial court properly awarded damages to buyer in his action based on seller's failure to provide a RESDL disclosure statement in a house sale. Vacated and remanded.