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Publication Date: 2018-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1556
Commonwealth erroneously amended criminal information to add different charges that prejudiced defendant by allowing prosecutors to portray defendant as a drug dealer and thereby required defendant to adopt a new defense strategy. Judgment of sentence vacated, case remanded.
Publication Date: 2018-12-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 18-1557
Orphans' court properly involuntarily terminated mother's parental rights to her children because CYF met its burden of proving that mother's parental rights ought to be terminated and while mother did not waive her challenge to the orphan's court's failure to appoint legal counsel for the children by raising the issue for the first time on appeal, the children's legal interests were adequately represented by the GAL. Affirmed.
Publication Date: 2018-12-18
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1539
Trial court properly terminated father's parental rights to the oldest and youngest children but erred in terminating his rights to middle child because she opposed the termination and the attorney for the children erred in serving as middle child's GAL and legal counsel. Vacated in part and affirmed in part.
Publication Date: 2018-12-10
Practice Area: Criminal Law
Industry: Retail
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1486
Trial court erred in dismissing first-degree robbery charge where evidence was sufficient for fact-finder to conclude defendant placed another individual in fear of immediate serious bodily injury when defendant reached for his waistband. Order of the trial court reversed, case remanded.
Publication Date: 2018-10-23
Practice Area: Civil Rights | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 18-1270
Suppression court properly applied the facts to the case and suppressed statements minor made to police officers and deputy coroner at the apartment where minor's friend overdosed, at the hospital where she was taken by the police to be checked, at her school and at the police station because the circumstances showed that she never voluntarily waived her Miranda rights. Affirmed.
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Publication Date: 2018-10-23
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1265
Mother's petition to involuntarily terminate father's parental rights correctly denied where mother failed to demonstrate that father's conduct warranted termination, where a single threat of violence was insufficient to warrant the drastic step of termination and for the prior six months father had diligently pursued custody rights to exercise his parental duties. Order of the orphans' court affirmed.
Publication Date: 2018-10-16
Practice Area: Insurance Litigation
Industry: Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1241
Trial court erred in granting summary judgment in favor of appellee and denying summary judgment in favor of appellant in appellee's declaratory judgment action seeking a declaration that it was not required to defend or indemnify appellant under its insurance policy for a fire sparked while appellant's employee was refueling a vehicle because trial court erred in finding that refueling the truck was incidental to the vehicle dismantling business, which was excluded from the policy, since the only connection between the refueling proc
Publication Date: 2018-10-16
Practice Area: Civil Rights | Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1236
Suppression of statement affirmed where juvenile made her statements in settings that constituted custodial interrogations and where police failed to give Miranda warnings and juvenile never gave a voluntary waiver of such rights. Order of the trial court affirmed.
Publication Date: 2018-09-18
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1071
The trial court did not err in denying defendant's motion to suppress evidence seized from his residence where the drug transactions at issue did not take place in or near his residence, as the facts connected the illegal transactions to defendant's residence in a common-sense way and permitted the issuing authority to conclude that drugs would likely be found there. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-07-17
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0803
Commonwealth not required to advise defendant of statutory exception to EWOC offense permitting conviction by victim's 50th birthday, which rendered defendant's prosecution timely. Judgment of sentence affirmed.
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