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  • Commonwealth v. Morgan

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0850

    Although akin to a form of public shaming, sexually violent predator designation did not violate the constitutional right to reputation where it was imposed following a hearing process that observed a criminal defendant's due process rights and where the designation served the compelling state interest of public safety. SVP designation affirmed. Judgment of sentence reversed, case remanded for resentencing.

  • In re: C.B.

    Publication Date: 2020-03-30
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0337

    The trial court did not err in holding that the evidence of pending criminal charges against mother arising from an incident of alleged child abuse, in itself, did not justify termination of her parental rights under either 23 Pa.C.S. §§2511(a)(5) or 2511(a)(8). The appellate court affirmed.

  • Commonwealth v. Dunkins

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Privacy
    Industry: Education | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0189

    The trial court did not err in denying defendant's motion to suppress cell site collection data offered at his trial where he stood accused of robbery on the campus of the college he attended since defendant agreed to surrender some privacy rights to have his cell phone access the college's Wi-Fi network in exchange for use of the network. The superior court affirmed.

  • Commonwealth v. Moore

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1293

    Internet publication of sex offender registration for offender who committed crimes prior to enactment of publication requirements under SORNA II violated Ex Post Facto clause. Judgment of sentence affirmed, appellant ordered removed from Megan's Law website.

  • Commonwealth v. Kirwan

    Publication Date: 2019-10-28
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1258

    Defendant, who was designated a sexually violent predator, was not eligible for relief under the Post Conviction Relief Act since only the sanctions of imprisonment, probation and parole are "sentences" for eligibility purposes under the act. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Fudge

    Publication Date: 2019-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0769

    The trial court abused its discretion and usurped the normal process of defendant's criminal trial when it sua sponte recorded a guilty verdict on the charge of driving under the influence after the jury indicated that it could not reach a unanimous decision on that charge. The appellate court vacated in part defendant's judgment of sentence.

  • Commonwealth v. Thompson

    Publication Date: 2018-12-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1484

    Petition seeking to reduce or discharge sentence was properly cognizable as under the PCRA, and thus the petition was properly dismissed as filed outside the one-year time bar with no assertion of any statutory exceptions to the time bar. Order of the trial court affirmed.

  • Carlino East Brandywine, L.P. v. Brandywine Village Assoc. et al

    Publication Date: 2018-10-30
    Practice Area: Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1285

    The appellate court declined to find waiver of issues on appeal based on the volume of issues appellant raised in its concise statement of matters pursuant to Pa.R.A. P 1925 where it did not appear that appellant intentionally subverted rule 1925. The appellate court affirmed.

  • G&G Invrs, LLC v. Phillips Simmons Real Estate Holdings

    Publication Date: 2018-04-17
    Practice Area: Civil Appeals | Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0449

    Conservatorship hearing, where parties introduced documentary evidence and elicited witness testimony, sufficiently similar to a traditional trial that appellants failure to file post-trial motions resulted in waiver of appellate issues. Order of the trial court affirmed.

  • Cunningham v. Cunningham

    Publication Date: 2018-04-03
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0390

    Trial court authorized to impose civil contempt for partys violation of separation order, regardless of whether such order was incorporated into the divorce decree. Order of the trial court affirmed.