• Commonwealth v. Ross

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 775 EDA 2022

    Police could ask drivers whether they had weapons in their possession while completing a traffic stop in the interest of ensuring officer safety. Order of the trial court reversed, case remanded.

  • Commonwealth v. Copes

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1275 EDA 2022

    Compulsory joinder rule did not require consolidation of criminal dockets where each docket involved a separate criminal incident and entirely different sets of evidence. Order of the trial court reversed.

  • Commonwealth v. Horlick

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 781 WDA 2022

    Appellant appealed the trial court's judgment of sentence for his conviction of strangulation and simple assault. The court affirmed.

  • Commonwealth v. Alexander

    Publication Date: 2023-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2260 EDA 2021

    Defendant not entitled to PCRA or nunc pro tunc relief where trial counsel's repeated challenge was sufficient to preserve Batson issue for direct appellate review. Order of the PCRA court affirmed.

  • Commonwealth v. Hummel

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

    Case Number: 1147 MDA 2022

    Trial court erred in excluding prior acceptance of Accelerated Rehabilitative Disposition as a first DUI offense when sentencing a defendant on a second DUI. Judgment of sentence vacated, case remanded for resentencing.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Crocker-Fasulo v. Fasulo

    Publication Date: 2023-04-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 990 MDA 2022

    Trial court properly considered post-divorce assets and income acquired by the parties when considering a petition to modify or terminate alimony. Order of the trial court affirmed.

  • Commonwealth v. Lewis

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1055 EDA 2022

    Trial court violated defendant's Sixth Amendment rights by disqualifying chosen counsel for alleged violations of the Rules of Professional Conduct when counsel made pretrial statements to the media, where trial court's disqualification appeared to be punitive in nature rather than focused on preventing any prejudice to the commonwealth's ability to have a fair trial. Judgment of sentence vacated, case remanded for new trial.

  • Commonwealth v. Troell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 567 MDA 2022

    Trial court properly applied an offense gravity score of 12 when sentencing appellant for aggravated indecent assault of a child because appellant entered a guilty plea under 18 Pa.C.S.A. §3125(b) and did not contest the factual basis supporting the charge, that he penetrated the complainant when she was less than 13 years of age and without her consent. Affirmed.

  • Ungarean v. CNA & Valley Forge Ins. Co.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 490 WDA 2021

    Trial court properly granted summary judgment to plaintiff in action for insurance coverage for loss of business income due to COVID-19 under policy's business income and extra expense provisions and court agreed with trial court's interpretation of "direct physical loss of or damage to" to include the act of being deprived of the physical use of one's property. Affirmed.

  • Commonwealth v. Smith

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1279 EDA 2021

    Motion to suppress erroneously granted where police were permitted to seize illegal firearm under plain view doctrine after seeing the gun through an open window during a lawful traffic stop. Order of the trial court reversed, case remanded.