• Commonwealth v. Mabus

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1672 MDA 2021

    Breathalyzer test results did not require uncertainty values or confidence intervals to be submitted with test results to render the results scientifically reliant or legally admissible where use of a breathalyzer was a generally accepted means of calculating blood alcohol content in the scientific community, thereby meeting the Frye standard. Judgment of conviction affirmed.

  • Carlino E. Brandywine, L.P. v. Brandywine Vill. Assocs.

    Publication Date: 2023-08-21
    Practice Area: Business Torts
    Industry: Legal Services | Real Estate | Retail
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2030 EDA 2022

    Although litigants and their counsel waived attorney-client privilege and attorney work product protection by asserting reliance on counsel and good faith advice, that waiver did not extent to communications in the present litigation or work product generated by other attorneys.

  • Leslie v. Pub. Health Mgmt. Corp.

    Publication Date: 2023-08-14
    Practice Area: Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Presiding Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2267 EDA 2021 Appeal from

    Trial court erred in granting plaintiff's motion to compel discovery in wrongful death and survival action brought by estate of foster parent murdered by foster child against foster family care agency and court found foster parent was not a person entitled to information from the foster care case record under §3130.44(d), ordered disclosure only of child's records as permitted by §6307(b) of the Juvenile Act and excluded any mental health treatment records and remanded trial court's order with respect to certain interrogatories for fu

  • Commonwealth v. Green

    Publication Date: 2023-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2068 EDA 2022

    Police possessed reasonable suspicion to detain defendant after observing a firearm on his person and drug paraphernalia strewn throughout his vehicle, which smelled of burnt marijuana. Judgment of sentence affirmed.

  • Commonwealth v. Boyd

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2642 EDA 2022

    Totality of circumstances during traffic stop supported probable cause that defendant was trafficking drugs in his vehicle, supporting the issuance of a search warrant for the vehicle after being impounded. Judgment of sentence affirmed.

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  • Commonwealth v. Martin

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 791 MDA 2022

    Trial court erred in vacating jury's guilty verdict where sexual abuse victim's testimony was sufficient to support a conviction and the jury's verdict demonstrated that it chose to credit the commonwealth's evidence over defendant's case. Order of the trial court reversed, verdict reinstated.

  • In the Interest of: J.B.

    Publication Date: 2023-06-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3020 EDA 2022

    Trial court abused discretion in denying change of permanency goal to adoption where parents had made only partial progress on reunification goals after more than three years, such that adoption would serve the children's interest in stability and permanency in their lives. Order of the trial court reversed, case remanded.

  • Turnpaugh Chiropractic Health & Wellness Cr., P.C. v. Erie Ins. Exch.

    Publication Date: 2023-06-26
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1448 MDA 2021

    Insurer appealed judgment in favor of chiropractor and the award of attorney fees where insurer repriced chiropractor's invoices and referred the bills to peer review and court found trial court erred in allowing chiropractor's expert to testify on matters outside the scope of his expert report and erred in awarding attorney fees under §§1716 and 1798 because there was no statutory authorization for an award of fees when an insurer invoked the peer review process. Affirmed in part and denied in part.

  • Commonwealth v. Rowe

    Publication Date: 2023-05-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 649 MDA 2022

    Failure to seek DNA testing prior to pleading guilty was fatal to post-conviction testing request where defendant failed to show that testing available at the time of his prosecution would not have been as reliable as present testing methods. Order of the PCRA court affirmed.

  • Commonwealth v. Lawrence

    Publication Date: 2023-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1019 MDA 2022

    Sentencing for conviction for violation of driving while operating privilege is suspended or revoked DUI related statute was constitutional where motor vehicle code did not prohibit use of crime code's statutory sentencing maximums. Judgment of sentence affirmed.