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Publication Date: 2018-12-04
Practice Area: Administrative Law | Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 18-1446
Trial court erred in ordering the incarceration of appellant until her grandchild, who allegedly was a member of her household, was surrendered to the custody of Department of Human Services because appellant did not have custody of the grandchild, child's mother had custody and was not a subject of the adjudicatory hearing before the trial court and the juvenile act did not provide for the incarceration of a non-custodial grandparent to compel a grandchild's surrender. Reversed.
Publication Date: 2018-11-13
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1369
Application of Pennsylvania's Sexual Offender Registration and Notification Act as to defendant was not unconstitutional given that the Act did not change his reporting period where defendant was subject to lifetime registration upon his initial conviction. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-11-06
Practice Area: Civil Rights | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1335
Trial court properly denied appellant's motion to dismiss the charges on double jeopardy grounds after his original conviction was overturned for Brady and Bruton violations because appellant failed to demonstrate that any of the alleged acts of misconduct were intended to deprive him of a fair trial. Affirmed.
Publication Date: 2018-11-06
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 18-1320
When the trial court resentenced defendant in light of Commonwealth v. Muniz, it did not impose an illegal sentence in ordering defendant, a sexually violent predator, to register for a period of 25 years under subchapter H of the Sex Offender Registration and Notification Act. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-11-06
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
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for defendant:
Case Number: 18-1326
Commonwealth presented sufficient evidence to convict defendant of luring a child into a vehicle where he offered minors bottled drinks that he held close to his body while sitting inside his vehicle such that the minors would have to enter defendant's area of control near or inside his vehicle. Judgment of sentence affirmed.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2018-10-30
Practice Area: Civil Appeals | Land Use and Planning
Industry: Real Estate
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1285
The appellate court declined to find waiver of issues on appeal based on the volume of issues appellant raised in its concise statement of matters pursuant to Pa.R.A. P 1925 where it did not appear that appellant intentionally subverted rule 1925. The appellate court affirmed.
Publication Date: 2018-10-23
Practice Area: Criminal Law
Industry: Retail
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1260
Even assuming a presumption of vindictiveness applied in this case, where the trial court increased defendant's aggregate maximum sentence upon remand and resentencing, the trial court specifically disavowed any vindictive purpose and sufficiently rebutted the presumption. The appellate court affirmed defendant's judgment of sentence.
Publication Date: 2018-10-09
Practice Area: Criminal Appeals | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1195
While the victim of a robbery during a pizza delivery may have mistakenly identified both assailants as African American, defendant, a Caucasian, was not entitled to relief from his robbery conviction since the evidence of record was sufficient to establish his identity as one of the two perpetrators. The appellate court affirmed defendant's conviction.
Publication Date: 2018-09-25
Practice Area: Constitutional Law | Education Law | Evidence
Industry: Education | State and Local Government
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1145
Trial court committed no error in finding that university public safety officers were not state actors for purposes of the fourth amendment in student's challenge to the admission in his trial of LSD and drug paraphernalia found in his dorm room because the university conducted its search on its own terms and in accordance with its policies aimed at preserving student safety and state law vested no plenary police powers in the public safety officers. Affirmed.
Publication Date: 2018-09-25
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
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Case Number: 18-1131
The record of evidence supported the trial court's finding that defendant intentionally viewed and/or possessed the pornographic images of children found on his computer after police entered his home upon a medical emergency. The appellate court affirmed defendant's judgment of sentence.
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