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  • Commonwealth v. Brown

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0604

    The trial court property granted defendant's petition to sever a count alleging possession of a firearm prohibited in violation of 18 Pa.C.S. §6105(a)(1) from three other counts but erred in allowing the commonwealth to choose the order in which to proceed and present evidence of defendant's prior convictions before considering all the charges. The appellate court vacated in part.

  • Citimortgage Inc. v. Comini

    Publication Date: 2018-05-08
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0532

    Addressing an issue of first impression, the appellate court held that the intervening parties right of first refusal did not survive a foreclosure action since it was not a covenant that ran with the land and bound everyone in the future to the same contract. The appellate court reversed in part and affirmed in part.

  • Corvin v. Tihansky

    Publication Date: 2018-05-08
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0543

    Trial court properly denied appellants request for a new trial or JNOV after the jury found that other drivers negligence in rear-end accident was not was not a factual cause of any harm because appellant waived his JNOV issue since he failed to move for a directed verdict, his counsel withdrew his request for a binding jury instruction and appellants concealing his pre-accident chiropractor visits from his physicians presented the jury with an issue of credibility. Affirmed.

  • In re Petition of J.M.Y.

    Publication Date: 2018-03-13
    Practice Area: Civil Procedure | Civil Rights
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0259

    Trial court erred in denying appellants petition to expunge his involuntary commitment because appellants due process rights were vi-olated when appellant was not told of the §303 commitment hearing, he was not present at the hearing, the police officer was not present at the hearing, appellant never signed the commitment certification and he was not served with the certification or notified of his right to appeal.

  • Commonwealth v. Williams

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1904

    Evidence that defendant fired a gun at a vital organ of the victim was sufficient evidence for the jury to infer defendants intent to kill and malice for first-degree murder and aggravated assault convictions. Judgment of sentence affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Rickard v. American Natl Property and Cas. Co.

    Publication Date: 2017-11-14
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1694

    Orphans court erred in determining that appellants petition for disbursement of an underinsured motorist insurance settlement was ei-ther barred by collateral estoppel from a case before the bankruptcy court or determined by the documents of the welfare plan that paid deceaseds medical expenses. Reversed.

  • Commonwealth v. Succi

    Publication Date: 2017-10-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1610

    The trial court erred in finding that the defendant contractors actions were part of an ongoing course of conduct and, therefore, the statute of limitations had not run on the home improvement fraud and deceptive or fraudulent business practices charges against him. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Wise

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1543

    Trial court properly found appellant guilty of fleeing or attempting to elude a police officer when she drove off after officer told her to pull over because appellants argument that a pursing police officer applied to both fleeing and attempting to elude lacked merit since the statute was clear and unambiguous. Affirmed.