Filter This View

  • Commonwealth v. Raymond

    Publication Date: 2020-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0579

    Trial court erred in grading witness intimidation conviction as a first-degree felony based solely on the grading of the underlying criminal offense, without asking the jury to make factual findings as to whether defendant's conduct satisfied the statutory criteria for first-degree grading. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Groner

    Publication Date: 2020-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0572

    The registration and notification requirements in Pennsylvania's current Sexual Offender Registration and Notification Act, or SORNA II, are non-punitive and, therefore, the procedural framework for designating SVPs by clear and convincing evidence do not run afoul of the Apprendi or Alleyneprecedents. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Hromek

    Publication Date: 2020-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0525

    Trial court erred in entertaining "petition for enforcement of plea agreement" where the petition constituted a petition for relief under PCRA and where the petition was untimely and defendant failed to assert any exceptions to the timeliness requirement. Order of the trial court reversed in part and affirmed in part.

  • Commonwealth v. Martz

    Publication Date: 2020-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0500

    While defendant was entitled to a presumption under the infancy defense that he was incapable of committing a crime while between the ages of seven and 14 years, the commonwealth refuted that presumption with evidence that defendant did possess the criminal capacity to commit repeated sexual assaults of another minor. The appellate court affirmed.

  • Legal Access Plans, LLC v. Millinghausen

    Publication Date: 2020-05-11
    Practice Area: Dispute Resolution
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0432

    Trial court properly dismissed petition to confirm arbitration award where another trial court had ordered the parties to arbitration and therefore had venue over all appeals from that arbitration award. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

    View more book results for the query "*"

  • Commonwealth v. Miller

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0454

    PCRA court erred in ordering a new trial on ineffective assistance grounds where alleged evidence of actual innocence would likely have been inadmissible hearsay and where PCRA court failed to conduct proper ineffective counsel analysis. Order of the PCRA court vacated, case remanded.

  • Legal Access Plans, LLC v. Millinghausen

    Publication Date: 2020-04-27
    Practice Area: Business Torts
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0432

    County trial court correctly denied petition to confirm arbitration award in deference to the jurisdiction of another county trial court that had ordered the parties to arbitration. Order of the trial court affirmed.

  • Gemini Ins. Co. v. Meyer Jabara Hotels LLC

    Publication Date: 2020-04-20
    Practice Area: Insurance Law
    Industry: Education | Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0411

    Summary judgment granted to insurer in coverage declaratory judgment action where insured's employees' criminal conduct fell within scope of policy's criminal acts and personal profit exclusions. Order of the trial court affirmed.

  • Commonwealth v. McGhee

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0414

    Trial court properly ruled on admissibility of testimony where cross-examination defendant sought was not relevant to the issues at trial, constituted character assassination of the victim and other complaining witnesses, and was otherwise barred from admission under the Rape Shield Law. Judgment of sentence affirmed.

  • Pasquini v. Fairmount Behavioral Health Sys.

    Publication Date: 2020-04-06
    Practice Area: Discovery
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0372

    Trial court correctly found that appellee's requests for admission as to defendant addiction treatment facility's knowledge of other patient's sex offender status was not privileged and did not require the disclosure of confidential health records because sex offender status was not the type of information protected by the mental health procedures act, did not require exposure of confidential communications in other patient's treatment record and sex offender status was publicly available information. Affirmed.