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  • Hunt v. Vardaro

    Publication Date: 2024-06-14
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 976 WDA 2023

    Trial court correctly dismissed custody complaint for lack of in loco parentis standing where petitioner had not resided with the child for nearly five years and the child's father and sole living parent had custody and objected to visitation with petitioner. Order of the trial court affirmed.

  • Commonwealth v. Carver

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1868 EDA 2023

    Commonwealth appealed the trial court's order granting appellee's motion to suppress evidence obtained during a police search of his vehicle. The court reversed and remanded, holding that a state police trooper had reasonable suspicion that appellee was armed and dangerous, thus warranting a Terry frisk that recovered a firearm, where appellee was nervous and appeared to be concealing an object after being pulled over for a traffic stop.

  • Commonwealth v. Wheeler

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 624 WDA 2023

    Trial court lacked jurisdiction to hear challenge to DOC's calculation and application of credit for time served. Order of the trial court affirmed.

  • Commonwealth v. Demulter

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 237 WDA 2023

    Appellant appealed the trial court's judgment of sentence entered on her convictions, in separate actions, of terroristic threats, harassment and related crimes. The court affirmed, holding in pertinent part that Commonwealth presented sufficient evidence of appellant's mens rea to support her conviction for making a terroristic threat where appellant threatened to kill a victim a short time after the victim saw appellant physically attack another person.

  • Commonwealth v. Hatch

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 553 WDA 2023

    Commonwealth appealed the trial court's order granting appellee's petition for a writ of habeas corpus. The court reversed and remanded, holding that Commonwealth presented a prima facie case of aggravated assault against an enumerated person where an officer testified that appellee, after violently resisting the officer's opening of her screen door, struck the officer with her hand, knocking off his glasses and scratching his face.

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  • Commonwealth v. Baker

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 261 MDA 2023

    Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.

  • Commonwealth v. McIntyre

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 354 EDA 2023

    The court affirmed appellant's judgment of sentence following his conviction for person prohibited from possessing a firearm in violation of 18 Pa. C.S A. §6105(a)(1) against a challenge that §6105 is unconstitutional in the wake of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).

  • Commonwealth v. Morrobel

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1703 MDA 2022

    Challenge to discretionary aspects of sentence failed where exercise of discretion to impose consecutive sentences did not raise substantial question and sentencing court adequately justified its decision based on the gravity of the underlying offense. Judgment of sentence affirmed.

  • Commonwealth v. Baker

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 300 WDA 2023

    Court declined to second-guess sentence that deviated below guidelines where trial court adequately considered the totality of the circumstances, including the matters raised in the presentence investigation report and sentencing memorandum, defendant's history, and the strong arguments made by defense counsel. Judgment of sentence affirmed.

  • Commonwealth v. Schifano

    Publication Date: 2024-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 264 WDA 2023

    Challenge to sufficiency of evidence supporting conviction for driving under the influence of marijuana failed where medical marijuana was included within the schedule designation under Schedule I of the Controlled Substances Act. Judgment of sentence affirmed.