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judge:"Steven Andrews"
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Publication Date: 2024-05-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 1432 WDA 2022
Appellant appealed the trial court's judgment of sentence entered on his conviction for homicide by vehicle while driving under the influence and other crimes. The court affirmed, holding that appellant suffered no violation of his Confrontation Clause rights where the trial court accepted evidence of the vehicles' event data recorder information as extracted and analyzed by a responding police officer who testified as a Commonwealth expert in accident reconstruction.
Appellant filed a notice of appeal of the court's order denying his motion for title of vehicle. The court requested that the appeal be dismissed for appellant's failure to file a concise statement of matters complained of on appeal.
Publication Date: 2024-05-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 2725 EDA 2022
Appellant appealed the trial court's judgment of sentence on his non-jury trial conviction for criminal contempt. The court affirmed, holding that the evidence was sufficient to support appellant's conviction where he admittedly made a "gun" gesture at a testifying witness upon entering the courtroom, even where the gesture was not seen by the witness or the trial court.
Plaintiff failed to present evidence contradicting defendants' payroll records demonstrating that defendants employed fewer than 15 workers, requiring dismissal of plaintiff's Title VII claim. Defendants' motion to dismiss granted.
Plaintiffs sued two judges for alleged violations of their constitutional rights in a landlord-tenant case over which defendant judges presided. The court granted judicial defendants' motion to dismiss on the basis of absolute judicial immunity where the judges had jurisdiction over ongoing post-judgment discovery matters while plaintiffs' sought appellate review.
Public Utility Commission regulations concerning the placement of gas meters in historic districts did not constitute unconstitutional delegation of legislative/regulatory authority to public utilities where the legislature had never passed a law mandating the placement of meters, which had traditionally been left to the discretion of the utilities. Order of the commonwealth court reversed, case remanded.
Publication Date: 2024-05-10 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 3080 EDA 2022
Commonwealth appealed the trial court's order decertifying appellee's case and transferring it to the Juvenile Division as a delinquency matter. The court vacated the decertification order where the trial court failed to consider multiple criteria that it was required to evaluate before granting decertification.
Plaintiff appealed the court's verdict in favor of defendant in its debt collection action involving commercially leased vehicles. The court concluded that it did not err in entering its verdict in favor of defendant where plaintiff failed to demonstrate that it was the real party in interest as assignee of defendant's commercial vehicle lease, his associated personal guaranty, or title to the leased vehicles in question.
Court granted motion for sentence reduction where an amendment to the Sentencing Guidelines reduced defendant's Guidelines range, and his lack of criminal history, strong work history, and post-sentencing rehabilitative efforts weighed in favor of a reduction. Defendant's motion for sentence reduction granted.
Trial court erred in dismissing contract claims on statute of limitations grounds where there were genuine issues of material fact concerning the terms of the parties' contract and whether it contained a statute of limitations/substantial compliance provision that would bar appellant from invoking the discovery exception. Order of the trial court affirmed in part and reversed and remanded in part.