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  • Marshall v. Brown's IA, LLC

    Publication Date: 2019-04-15
    Practice Area: Evidence | Personal Injury | Premises Liability
    Industry: Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0383

    Trial court abused its discretion to deny an adverse inference instruction where defendant engaged in spoliation by failing to preserve the period of surveillance video requested by plaintiff in her slip-and-fall case, where additional footage would have been relevant to show the spill of the alleged substance on the floor or whether defendant's staff followed reasonable inspection procedures. Judgment vacated, case remanded for new trial.

  • Commonwealth v. Gill

    Publication Date: 2019-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0388

    Superior court erroneously overruled trial court's admission of evidence of a subsequent crime committed by another individual when the superior court substituted the trial court's judgment of the evidence for its own. Order of the superior court reversed in part and vacated and remanded in part.

  • Commonwealth v. Allen

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0386

    The constable who detained defendant on suspicion of driving under the influence acted within his common law powers to detain defendant based on an in-presence breach of the peace since defendant's conduct - driving at a high rate of speed and going over the embankment while under the influence - constituted a "breach of the peace" as understood at common law. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Walls

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0360

    Police had reasonable suspicion of DUI to conduct traffic stop where multiple officers witnessed defendant's vehicle weave across the double-yellow line and fog line in a manner indicative of a driver under the influence. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0363

    Evidence sufficient to support finding bodily injury and mens rea for simple assault where defendant hit victim with sufficient force and for a long enough period to cause the victim to cry; it was not necessary to prove the victim complained of pain or was left with bruises or marks. Judgment of sentence affirmed.

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  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Green

    Publication Date: 2019-02-26
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0196

    The trial court did not err in denying defendant's motion to suppress based on an allegedly overbroad search warrant where the warrant permitting the seizure of electronic equipment in defendant's home was limited to a search for evidence of the specific crime that police had probable cause to believe defendant committed, i.e., possession of child pornography. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. McClelland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0202

    A criminal defendant could not be convicted of conspiracy to commit homicide where homicide was not an object of the defendant's burglary conspiracy and a conspiracy to commit homicide could not arise as a natural and probable consequence of another completely different conspiracy. Judgment of sentence reversed in part, case remanded.

  • Commonwealth v. Mbewe

    Publication Date: 2019-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0183

    Conviction affirmed where trial court sitting as factfinder could accept photo array identification based around defendant as victims identified defendant's first name and defendant was known to police to associate with his definitively identified co-defendant. Judgment of sentence affirmed.

  • Commonwealth v. Shaw

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0153

    Discharge of a firearm or BB gun in close proximity to neighbors and bystanders was sufficient to support a conviction for recklessly endangering another person. Judgment of sentence affirmed.