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  • S.R.G. v. D.D.G.

    Publication Date: 2019-12-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1493

    Trial court did nor err in denying grandmother's petition for child support from grandfather, for child for whom they had primary legal and physical custody due to mother's inability to care for child, because there was no statutory authorization to extend the duty of child support between two third parties where neither party had adopted the child. Affirmed.

  • In re: Interest of A.M.

    Publication Date: 2019-12-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1409

    The trial court erred in finding that the presumption of paternity did not apply in this case as the existence of troubles in a marriage does not establish that such a marriage is not intact for purposes of determining application of the presumption of paternity which, the court held, applies in same-sex marriages. The appellate court reversed and remanded.

  • Johnson v. Johnson

    Publication Date: 2019-11-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1363

    Trial court properly denied father's petition seeking repayment from mother of credit he received for overpayment of support payments for adult daughter who was mentally ill because, at father's request, the support payments were made directly to daughter and daughter, not mother, was the obligee under Pa. R.C.P. §1910.19(g)(2). Affirmed.

  • Commonwealth v. Whatley

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1295

    Trial court imposed an illegal order of restitution where restitution was imposed as a condition of probation and the trial court failed to make a finding of the defendant's ability to pay. Judgment of sentence vacated and remanded for resentencing.

  • Commonwealth of Pennsylvania v. Lineman

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1140

    Evidence was sufficient to convict for illegal possession of firearm where officers credibly testified that defendant held firearm in a position to fire, undercutting defendant's assertion of duress or self-defense. Judgment of sentence affirmed.

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  • Commonwealth v. Urwin

    Publication Date: 2019-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1112

    PCRA petition denied where defendant failed to provide evidence to support his allegation that the trial judge was under the influence of cocaine during defendant's trial. Order of the PCRA court affirmed.

  • Commonwealth v. Brensinger

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1087

    PCRA defendant entitled to pro se prisoner exception under newly-discovered facts exception where there was no evidence that any attorney had agreed to represent defendant prior to a timely date. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. H.D.

    Publication Date: 2019-09-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1056

    The trial court erred in requiring defendant to establish that her belief that her child was in danger was "reasonable" in order to establish a defense to the charge of interfering with the custody of a child as there is no mention of a reasonable person standard in the statute. The appellate court reversed and remanded.

  • Commonwealth v. Akhmedov

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0940

    While motor vehicle crashes seldom give rise to proof of the malice required to sustain a conviction for third degree murder, the evidence was sufficient to support defendant's convictions where the circumstances plainly warned him that his conduct while participating in drag races on public roads was nearly certain to result in a serious or fatal disaster. The appellate court affirmed defendant's convictions.

  • Commonwealth v. Williams

    Publication Date: 2019-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0905

    Defendant entitled to new trial through PCRA relief where defendant obtained newly-discovered evidence of criminal misconduct by affiant of underlying search warrant and the only commonwealth witness at trial, causing the commonwealth to stipulate that it no longer stood by the credibility of the witness. Order of the trial court reversed, case remanded.