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Publication Date: 2017-12-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1844
Defendant could not succeed on his ineffectiveness of counsel claim for failure to file a Rule 600 motion based upon an alleged speedy trial violation where there were more than 800 excludable and excusable delays that extended his adjusted run date well beyond his trial date. The court affirmed defendants judgment of sentence.
Publication Date: 2017-12-12
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1813
Trial court properly granted preliminary injunction where enjoined party was contractually prohibited from interfering with residential development conducted by party seeking the injunction. Orders of the trial court affirmed. Timothy Paul Hendricks and W. Todd Hendricks, brothers, were involved in the same companies, collectively referred to as TH Properties, and were involved in residential development on property they owned.
Publication Date: 2017-12-05
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1761
The trial court properly left it for the jury to assess the credibility of two witnesses who testified against defendant, though one witness changed his story and both witnesses sought leniency from the government, as it was for the jury to assess the credibility of the witnesses and consider their motives to lie. The court affirmed defendants judgment of sentence.
Publication Date: 2017-11-28
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1751
Criminal defendant could not raise PCRA petition pursuant to the holding in Birchfield v. North Dakota, where defendant had knowingly and voluntarily pled guilty to DUI, did not preserve a challenge to his warrantless blood draw, and was not raising a challenge to the legality of his sentence or voluntariness of guilty plea. Order of the PCRA court affirmed.
Publication Date: 2017-11-14
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1682
Trial court erred in failing to hold an evidentiary hearing on criminal defendants motion for return of seized property. Order of the trial court reversed, case remanded.
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Publication Date: 2017-10-17
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1549
The court found the evidence sufficient to establish that the victim suffered bodily injury as defined by the simple assault statute in an altercation with defendant.
Publication Date: 2017-10-10
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Chief Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1534
Defendant waived his claim that the trial court abused its discretion in failing to apply the use, as opposed to the possession, of a deadly weapon sentencing enhancement in violation of the parties plea agreement by failing to present it in a post-sentence motion or lodge any objection during his sentencing hearing. The court affirmed defendants judgment of sentence.
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