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Publication Date: 2019-05-06
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Superior Court
Judge: Judge Shogan
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Case Number: 19-0522
Trial court properly denied daughters' objections to appellee's final accounting as trustee of decedent mother's revocable trust but court affirmed on other grounds because court found daughters lacked standing to appeal since decedent's acquiescence in the investments made by appellee was binding on daughters and they were not aggrieved by appellee's conduct as trustee. Affirmed.
Publication Date: 2019-03-11
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Superior Court
Judge: Judge Shogan
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Case Number: 19-0262
In this case involving judicial delay in arraigning defendant, the trial court did not abuse its discretion in finding that the commonwealth failed to exercise due diligence in pursuing defendant's case since the commonwealth had the ability to arraign defendant at any point. The appellate court affirmed a trial court order of dismissal.
Publication Date: 2019-02-19
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Shogan
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Case Number: 19-0180
Father evidenced intent to relinquish parental claim or to fail to perform parental rights where he initially denied paternity and had limited substantive contact with the child thereafter. Order of the trial court affirmed.
Publication Date: 2019-01-15
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge Shogan
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Case Number: 19-0017
The evidence at trial and the statutory language in 18 Pa.C.S. §3101 supported defendant's conviction for rape by forcible compulsion where he shot and killed the victim and then had sexual intercourse with her, as time of the victim's death was not dispositive. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-12-25
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1558
Order committing appellant under ACT 21 vacated because ACT 21 was unconstitutional since its application constituted punishment because it involved affirmative disabilities, its sanctions were historically regarded as punishment, its operation promoted the traditional aims of punishment, its lifelong provisions were excessive in relation to its stated nonpunitive purpose and it used the incorrect burden of proof. Vacated.
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Publication Date: 2018-12-04
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1432
While the trial court properly held that defendant's crimes did not merge for sentencing purposes given disparate elements, defendant raised a meritorious claim of ineffectiveness of counsel for failing to challenge a clearly harsh sentence imposed for one criminal episode of attempting to pass a small quantity of prescription pills to another inmate. The court reversed and remanded.
Publication Date: 2018-11-27
Practice Area: Criminal Law | Evidence
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Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1421
Appellant appealed his convictions for risking a catastrophe and recklessly endangering another person based on his marijuana growing operation and the court found the grow operation created a fire hazard but that creating a fire hazard did not equate with risking a catastrophe and the commonwealth failed to prove that appellant created the potential for widespread injury or damage or recklessly endangered another person. Reversed.
Publication Date: 2018-10-30
Practice Area: Health Care Law | Insurance Litigation
Industry: Health Care | Insurance
Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1303
Trial court reasonably found that therapeutic exercise could not be delegated to unlicensed support personnel under the chiropractic practice act and the decision was supported by ample testimony. Affirmed.
Publication Date: 2018-09-11
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1080
Resident of homeowners' association had status of licensee rather than invitee in the association's common areas where declaration of association granted all residents permission to use the common areas. Judgment affirmed.
Publication Date: 2018-08-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Shogan
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Case Number: 18-1017
Warrantless stop-and-frisk justified under "emergency aid exception" where officers approached defendant to render medical assistance for visible gunshot wound, after which defendant began making furtive movements giving rise to reasonable suspicion of a legitimate law enforcement concern. Judgment of sentence affirmed.
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