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  • Caldwell v. Jaurigue

    Publication Date: 2024-06-21
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 MAP 2023

    Appellant appealed the Superior Court's order requiring that he pay child support to child's biological father. The court reversed, holding that a deceased mother's paramour, who obtained in loco parentis standing and was awarded partial physical custody of child, had no child support liability where he did not have legal custody and thus was not child's "parent."

  • Commonwealth v. Harris

    Publication Date: 2024-05-24
    Practice Area: Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 31 EAP 2022

    Inadmissible hearsay evidence alone was insufficient to satisfy the commonwealth's burden to prove a prima facie case as to a defendant's identity at a preliminary hearing. Order of the superior court affirmed.

  • Commonwealth v. Chisebwe

    Publication Date: 2024-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4 MAP 2023

    Intentional delay in producing driver's license, registration, and proof of insurance during a traffic stop provided sufficient basis for a conviction under the Motor Vehicle Code. Order of the superior court affirmed.

  • Barris v. Stroud Twp.

    Publication Date: 2024-03-08
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 68 MAP 2022

    Although zoning ordinance restricting discharge of firearms implicated right to bear arms, such regulations were consistent with the historical tradition of restricting the discharge of firearms and the location of designated shooting ranges. Order of the commonwealth court reversed and remanded.

  • Hangey v. Husqvarna Prof'l Prod., Inc.

    Publication Date: 2023-12-11
    Practice Area: Products Liability
    Industry: Consumer Products | Manufacturing
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14 EAP 2022

    Trial court erred in concluding corporation did not regularly conduct business in a venue based solely on the percentage of the corporation's national sales that occurred in the venue, where corporation regularly distributed products through authorized dealers located in the venue. Order of the superior court affirmed.

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  • In the Interest of: K.T.

    Publication Date: 2023-07-10
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 37 WAP 2022

    Trial courts were to consider child's need for permanency and stability equally and should also consider intangibles such as the parent-child bond, including whether the bond was necessary and beneficial for a child and whether its severance would cause extreme, irreparable harm to a child. Order of the superior court vacated, case remanded.

  • Commonwealth v. Koger

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15 WAP 2022

    Sentencing court was not required to expressly impose specific conditions of parole for a defendant to be found in violation of parole after violating conditions were explained to the defendant by the county parole officer. Order of the superior court reversed in part, case remanded.

  • Commonwealth v. Armolt

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 MAP 2021

    Adult criminal court could exercise jurisdiction over individual 21 or older for crimes they committed as a juvenile, since it would be the only court that could try such individuals. Judgment of sentence affirmed.

  • Commonwealth v. Rosario

    Publication Date: 2023-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3 WAP 2022

    Commonwealth appealed superior court's ruling that parole board had exclusive jurisdiction over appellee's parole and trial court erred in revoking it and court concluded the clear language of 42 Pa.C.S. §9771 explicitly forbade anticipatory revocation of a probation sentence that had not yet started. Affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2023-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 792 CAP

    Trial counsel was not ineffective for failing to call expert witnesses or develop and present evidence in support of the defense, where trial counsel had made a strategic choice not to present the identified witnesses and evidence to minimize the gruesome nature of the crime to help defendant avoid the death penalty, given the overwhelming evidence of his guilt. Order of the PCRA court affirmed.