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  • 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.

  • Commonwealth v. Powell

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 699 MDA 2022

    Challenge to legality of sentence due to purported failure to allege element of convicted offense in criminal information constituted a cognizable claim under the PCRA, rendering petition filed 20 years after judgment of sentence patently untimely. Order of the trial court affirmed.

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  • Commonwealth v. Spence

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1977 EDA 2022

    Police had probable cause to stop vehicle that turned around from checkpoint when officers observed multiple violations of the motor vehicle code as the vehicle turned around and left the checkpoint area. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1158 MDA 2021

    Spousal communication privilege did not apply in context of alleged violations of a Protection From Abuse order between spouses. Judgment of sentence affirmed.

  • Commonwealth v. Boyd

    Publication Date: 2023-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1007 EDA 2021

    Court remanded constitutional challenges to lifetime sex offender registration back to the trial court for further hearings regarding the existence of a scientific consensus regarding sex offender recidivism. Case remanded.

  • Commonwealth v. Mendoza

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 260 MDA 2022

    Reliable confidential informant information combined with police surveillance of controlled buys established sufficient probable cause for a substantial nexus between suspect's home and evidence of criminal or contraband that was the subject of a search warrant. Order of the trial court reversed, case remanded.

  • Commonwealth v. Cunningham

    Publication Date: 2023-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 MDA 2022

    Police had reasonable suspicion to stop and frisk individuals due to odor of marijuana and their evasion of approaching officers, followed by the individuals' aggressive behavior towards the officers and encircling of the officers that gave rise to their safety concerns. Order of the trial court reversed, case remanded.