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  • Commonwealth v. Orr

    Publication Date: 2021-07-19
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0821

    Commonwealth presented sufficient evidence of authorship to authenticate text messages where defendant owned the phone that sent the messages, the content of the messages concerned a personal dispute between defendant and the victim, and there was no evidence that other individuals had access to the phone. Judgment of sentence affirmed.

  • Fisher v. Erie Ins. Exch.

    Publication Date: 2021-07-12
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0791

    Trial court could order in camera review of documents allegedly subject to attorney-client privilege where privilege could not be determined from the face of the record, and an order directing in camera review did not constitute an appealable collateral order. Appeal quashed.

  • Biros v. U Lock Inc.

    Publication Date: 2021-06-07
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0644

    The record established that appellant would be unjustly enriched by maintaining its ownership in certain property with no ability to repay appellee, who loaned appellant money to buy the property; thus, the trial court did not err in imposing a constructive trust and awarding the property to appellee. The superior court affirmed.

  • In the Interest of S.S.

    Publication Date: 2021-05-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0608

    Trial court erred in terminating father's parental rights after improperly considering a psychiatrist's report that was admitted in child's dependency proceeding but not in the termination hearing. Vacated.

  • Commonwealth v. Bellamy

    Publication Date: 2021-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0588

    The trial court did not err in denying a motion to suppress evidence, which argued that police failed to comply with the knock and announce rule, where the evidence demonstrated that police were virtually certain that defendant already knew of their purpose when he saw the officers though the open door of his hotel room. The superior court affirmed defendant's judgment of sentence.

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  • Commonwealth v. Tillery

    Publication Date: 2021-04-12
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0395

    Where the vehicle code did not require use of a turn signal when moving from a traffic lane to a parking spot, police lacked probable cause to initiate a traffic stop, requiring suppression of evidence recovered during the stop. Order of the trial court affirmed.

  • Commonwealth v. Murray

    Publication Date: 2021-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0366

    Defendant's Batson challenge failed where merely exercising preemptory challenges on higher percentage of minorities was itself insufficient to establish a prima facie Batson violation. Judgment of sentence affirmed.

  • In re: Private Complaint Filed by Ajaj

    Publication Date: 2021-03-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0256

    Trial court properly overturned commonwealth's disapproval of a private complaint lodged by father seeking charges against his wife for interference with custody and concealment of the whereabouts of a child because trial court did not abuse its discretion when it found commonwealth failed to advance sufficient policy reasons to support disapproval and in rejecting commonwealth's disapproval based on evidentiary issues. Affirmed.

  • In re Estate of Cerullo

    Publication Date: 2021-03-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0247

    Spouse, objecting to accounting of deceased spouse's estate, was required by Dead Man's Act to produce independent evidence of both decedent's donative intent and delivery of assets to establish a valid inter vivos gift. Order of the trial court reversed.

  • Commonwealth v. Grooms

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0242

    The trial court erred in denying defendant's motion to suppress evidence based on a per se rule that the odor of marijuana alone may establish probable cause to search a vehicle, as odor is just one factor that can contribute to a finding of probable cause, assuming other circumstances supply more individualized suspicion that criminal activity is afoot. The superior court vacated and remanded.