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  • Taylor v. Smith

    Publication Date: 2023-09-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 368 MDA 2023

    Trial court properly awarded joint legal and physical custody of child to child's father and deceased mother's former partner who stood in loco parentis to child because record supported trial court's conclusion that the factors weighed evenly between the parties and child was happy and doing well. Affirmed.

  • Commonwealth v. Fortune

    Publication Date: 2023-09-18
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2687 EDA 2022

    Appellant appealed the trial court's judgment of sentence on his jury conviction for first-degree murder and tampering with evidence. The court affirmed.

  • Commonwealth v. Gillins

    Publication Date: 2023-09-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2412 EDA 2021

    Court vacated state sentence to give defendant opportunity to pursue the benefit of his plea deal, where the Commonwealth and trial court failed to understand that the trial court lacked authority to impose a state sentence concurrent to defendant's existing federal sentence. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Ganjeh

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 586 MDA 2022

    Defendant appealed his conviction and sentence for first-degree murder and court found appellant's statements to police were not made in violation of his Miranda rights because he was not subject to a custodial interrogation at the time he made voluntary and spontaneous statement to police at the crime scene and his statements at police station were made after he knowingly waived his Miranda rights, evidence of prior incidents of domestic abuse between appellant and victim and appellant's pending criminal charges were relevant and adm

  • 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.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • 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.

  • 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.