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  • 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.

  • Commonwealth v. Smetana

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0808

    Trial court erred in imprisoning defendant for contempt for failure to pay court-ordered costs and fines without determining defendant's ability to pay and willful failure to pay. Order of the trial court reversed, case remanded.

  • Commonwealth v. Arcelay

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0785

    Defendant, a retired Army reservist, failed to establish that the trial court lacked jurisdiction over the summary citation he received for animal cruelty occurring on the Willow Grove Naval Air Station base. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Diaz

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0565

    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 and remanded for further proceedings.