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Publication Date: 2023-08-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 831 WDA 2022
Post-conviction relief petition based on presiding judge's contemporaneous criminal conduct failed where defendant failed to plead facts establishing causal connection between the judge's behavior and appellant's decision to enter a plea agreement. Order of the PCRA court affirmed.
Publication Date: 2023-04-17
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
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for defendant:
Case Number: 514 MDA 2022
Admission of text message was proper where creator of group chat confirmed that the number belonged to defendant based on the profile icon and that only defendant would have knowledge of the content of the message. Judgment of sentence affirmed.
Publication Date: 2023-04-10
Practice Area: Criminal Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 298 WDA 2022
Trial court did not violate right to counsel by failing to conduct waiver colloquies where appellant voluntarily and intelligently chose to plead guilty and his history of dilatory conduct through the exercise of his constitutional rights warranted a finding of forfeiture of the right to counsel. Judgment of sentence affirmed.
Publication Date: 2023-03-27
Practice Area: Tax
Industry: Retail
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1453 WDA 2021
Mistakenly charging sales tax on nontaxable items did not create a cognizable claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as collection of tax did not constitute "trade or commerce" and purchasers could seek relief from the Department of Revenue. Order of the trial court reversed.
Publication Date: 2023-03-27
Practice Area: Health Care Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1189 MDA 2021
Trial court properly denied summary judgment to defendant medical centers on their claims of immunity under the Mental Health Procedures Act in estate's action after Wise sought voluntary inpatient admission, was refused it, went home and killed decedent because court applied the rationale in Leight v. Univ. of Pittsburgh Physicians, 243 A.3d 126, that a prerequisite to treatment under the MHPA had to be satisfied before liability could be asserted against a provider and the prerequisites for voluntary inpatient examination and treatm
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-03-20
Practice Area: Wrongful Death
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1915 MDA 2018
Decedents' estates appealed the finding decedents were 100 percent comparatively liable for their shooting deaths where shooter was convicted of voluntary manslaughter and court found jury was properly given the issue of comparative negligence, estates failed to establish the causation element, estates did not produce sufficient evidence to show shooter was a feebleminded adult and under father's control and trial court did not err in admitting prior bad acts evidence. Affirmed.
Publication Date: 2023-03-20
Practice Area: Family Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
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Case Number: 1753 MDA 2022
Trial court erred in granting hospital authorization to terminate child's life support in the event of a confirmatory second brain death evaluation, where trial court precluded child's father from questioning medical personnel about the termination of life support or options in the event of a confirmatory second exam. Order of the trial court affirmed in part and vacated in part.
Publication Date: 2023-01-23
Practice Area: Civil Rights
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 45 EDA 2022
Prosecutor's disclosure of prison phone call recordings to civil attorneys violated the Wiretapping and Electronic Surveillance Control Act, which only permitted an investigative or law enforcement officer to disclose intercepted communications to other investigative or law enforcement officers. Judgment of the trial court reversed, case remanded.
Publication Date: 2022-12-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 357 EDA 2022
Trial court could admit prior public drunkenness conviction where defendant had asserted on direct examination that she had no prior convictions, as the conviction directly contradicted defendant's assertion of good character. Judgment of sentence affirmed.
Publication Date: 2022-12-19
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1100 WDA 2021
Trial court erred in finding plaintiff established a valid claim for COVID-19 related income loss under the business income provisions of the policy because trial court's reading of "direct physical loss of or damage to Covered Property" to cover purely economic losses was strained and unconvincing and trial court erred in finding a triable issue of fact under the civil authority provision of the policy. Reversed.
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