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  • Boback v. Pershing

    Publication Date: 2024-03-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 855 WDA 2023

    Grandparents' supervised physical custody was insufficient to constitute "physical custody" giving them the status of a "person acting as a parent" and thus their residency in Pennsylvania was insufficient to confer continuing jurisdiction over the custody matter to the Pennsylvania courts. Order of the trial court affirmed.

  • Commonwealth v. Morgan

    Publication Date: 2021-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0881

    Trial court erred in imposing the same previously vacated aggregate sentence at resentencing without conducting a de novo review of the sentencing record or explaining how the sentence was individualized to the defendant as he appeared before the court at resentencing. Sexually violent predator designation affirmed, judgment of sentence vacated, case remanded for resentencing.

  • 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.

  • 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. 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.