• Commonwealth v. Stahley

    Publication Date: 2019-01-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1587

    PCRA court properly found that appellant failed to establish his ineffective assistance of trial counsel claim based on appellant's alleged intoxication at the time of the crime his statement to police. His challenge to the legality of his sentence under Commonwealth v. Batts, 163 A.3d 410, failed because that case was not a substantive rule or a watershed procedural rule that applied retroactively. Affirmed.

  • Eclipse Liquidity, Inc. v. Geden Holdings Ltd.

    Publication Date: 2018-12-25
    Practice Area: Damages | International Law
    Industry: Cargo and Shipping | Consulting | Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1552

    Recognition Act permitted judgment holder to file praecipe to enforce foreign money judgment, since Act allowed aggrieved party to raise standard defenses to contest legitimacy of underlying judgment. Order of the trial court affirmed.

  • Commonwealth v. Jabbie

    Publication Date: 2018-12-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1529

    The appellate court found no merit to defendant's claim that he was incapable of entering a valid plea due a lack of access to medication where he answered questions about his mental health treatment during two plea colloquies and admitted that he was still on medication and that such medication was not affecting his ability to understand the plea colloquy. The appellate court affirmed defendant's judgment of sentence.

  • Gleit v. Nguyen

    Publication Date: 2018-12-18
    Practice Area: Civil Procedure | Contracts | Fee Disputes
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1497

    Prothonotary lacked authority to enter judgment on a contempt order where trial court had not entered ruling on the merits finding contemnor in contempt and setting the amount of the contempt judgment. Order of the trial court affirmed.

  • In re: Appeal of Dist. Attorney's Denial of Private Criminal Complaint of Hamelly

    Publication Date: 2018-12-18
    Practice Area: Criminal Law | Evidence
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1531

    District attorney did not abuse discretion in disapproving private criminal complaint alleging violation of Wiretap Act by attorney, where client testified she received no advice to perform the communications intercept and where violations were excepted upon reasonable suspicion that the intercepted party had committed a crime of violence and the intercept would reveal evidence of such crime. Order of the trial court affirmed.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Commonwealth v. Cannavo

    Publication Date: 2018-12-18
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1527

    Defendant, who shot a man who was standing outside defendant's home from inside the home and through a door, was not entitled to a castle doctrine jury instruction in the absence of evidence establishing the required elements of 18 Pa.C.S. §505(b)(2.2)(iii), including evidence that the victim was attempting to break in. The appellate court affirmed defendant's judgment of sentence.

  • Wells Fargo Bank, N.A. v. Ferreri

    Publication Date: 2018-12-10
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1481

    Trial court did not abuse its discretion in denying appellant's petition to set aside the sheriff's sale, for an alleged lack of personal service of the notice of sale, because notice was posted on the property and sent to appellant's counsel of record and she did not claim that she lacked actual notice of the sale and failed to satisfy her burden of establishing prejudice. Affirmed.

  • In the Interest of Q.R.

    Publication Date: 2018-12-04
    Practice Area: Administrative Law | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    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.

  • Commonwealth v. Haughwout

    Publication Date: 2018-11-13
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    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.

  • Commonwealth v. Washington

    Publication Date: 2018-11-06
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    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.