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Publication Date: 2024-08-09
Practice Area: Landlord Tenant Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 1437 EDA 2023
Tenant appealed the trial court's order granting partial summary judgment in favor of landlord in a commercial lease dispute over unpaid rent and related charges. The court affirmed, holding that the mandatory closure of non-essential businesses for 77 days during the outset of the COVID-19 pandemic did not support the commercial tenant's assertion of the doctrine of frustration of purpose where the tenant afterward voluntarily elected not to return to the leased premises for the remainder of its lease term.
Publication Date: 2024-08-02
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 502 EDA 2023
Trial court erred in appointing GAL for an indefinite period in response to petition for appointment of guardian of the person and estate, without making a finding of incapacity. Order of the trial court vacated.
Publication Date: 2024-08-02
Practice Area: Damages
Industry: Financial Services and Banking | Cargo and Shipping | Manufacturing
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1585 EDA 2023
Parties claiming ownership of levied property had standing to file a petition to set aside based on an untimely levy following issuance of the writ off execution. Order of the trial court vacated.
Publication Date: 2024-07-05
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1283 MDA 2022
Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.
Publication Date: 2024-06-21
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 2229 EDA 2022
Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.
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Authors: Gary L. Brown
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Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 517 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 296 EDA 2023
Appellant appealed the trial court's judgment of sentence entered on his conviction for second degree murder. The court affirmed, holding that the trial court did not err in admitting Commonwealth's evidence of appellant's historical cell phone data where the information was obtained under a 2017 "reasonable grounds" Wiretap Act application that was followed by a second "probable cause" application in light of intervening Supreme Court precedent and Pennsylvania case authority.
Publication Date: 2024-06-07
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Stabile
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Case Number: 854 MDA 2022
Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.
Publication Date: 2024-05-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 854 MDA 2022
Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.
Publication Date: 2024-05-17
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 2248 EDA 2023
The court affirmed the trial court's orders that removed former guardian T.B. as a reunification resource for two minor children, Z.B. and A.B.
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