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  • Commonwealth v. Culsoir

    Publication Date: 2019-05-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0625

    Where the trial court utilized a bifurcated sentencing procedure, but defendant's charges issued from the same docket number, he successfully secured appellate review of all previous non-final orders where he filed an appeal from the order that disposed of all remaining claims at the relevant docket number. The appellate court affirmed defendant's judgment of sentence on the merits.

  • Commonwealth v. Mercado

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0285

    The trial court erred in granting defendant's motion to suppress evidence of his use of marijuana prior to and/or while operating a motor vehicle since the selection of the location and operation of the checkpoint where defendant was stopped met the constitutional requirements for such a stop, including considerations of safety. The appellate court reversed and remanded.

  • Commonwealth v. Conte

    Publication Date: 2018-11-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1368

    The trial court did not abuse its discretion in departing from the sentencing guidelines where the court considered the general standards for sentencing in 42 Pa.C.S. §9721(b), including the victim's age, her continued suffering and defendant's lack of remorse. The appellate court affirmed defendant's sentence.

  • Commonwealth v. Fernandez

    Publication Date: 2018-09-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1099

    Pursuant to the state high court's 2017 decision in Commonwealth v. Muniz, the trial courts could not impose retroactively upon defendants the increased registration requirements in the Sex Offender Registration and Notification Act, regardless of whether defendants accepted plea bargains or were convicted at trial. The appellate court reversed trial court orders imposing increased sexual offender registration requirements.

  • Dean v. Bowling Green-Brandywine CRC Health Grp., Inc.

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0860

    Physicians not entitled to limited immunity under the Mental Health Procedures Act where they did not treat decedent for mental illness and their treatment occurred prior to psychiatric evaluation and was therefore not contemporaneous medical treatment. Judgment of nonsuit affirmed in part and reversed in part.

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  • Commonwealth v. Lynn

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0854

    Trial court properly limited the number of incidents of prior bad acts into evidence where the limited number admitted into evidence was sufficient to support the commonwealth's allegation of defendant's criminal scheme, while the prior bad acts concerned the direct criminal activity of others and therefore had a significant prejudicial effect on defendant. Order of the trial court affirmed.

  • Commonwealth v. Montgomery

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0852

    The trial court erred in quashing a charge against defendant for carrying a concealed firearm in violation of 18 Pa.C.S. §6106 where the firearm at issue was tucked into defendant's waistband with just the handle visible and, thus, there was sufficient evidence of concealment. The appellate court reversed and remanded for further proceedings.

  • Commonwealth v. Lynn

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0821

    Defendant failed to establish that the commonwealth's Brady violation constituted intentional prosecutorial misconduct designed to deprive him of a fair trial where he produced no evidence of intent. The appellate court affirmed defendant's judgment of sentence.

  • McIlmail v. Archdiocese of Philadelphia

    Publication Date: 2018-06-26
    Practice Area: Discovery
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0735

    Discovery master properly ruled that the statements of facts from witnesses elicited by a private investigator hired by defense counsel were discoverable under rule 4003.3 because the investigator was a "representative of a party" and was not covered by the attorney work product privilege. Affirmed.

  • Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

    Publication Date: 2018-04-03
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0391

    Landlord did not breach lease by declaring tenant in default, where lease terms explicitly defined default as tenants vacating of premises and tenant had physically moved out of space. Judgment affirmed in part and reversed in part.